New Hampshire HB 1615: permitting consenting adults to enter into contract-based marriage agreements as an alternative to the requirement of a marriage license.

Bill Text

HB 1615-FN - AS INTRODUCED

2026 SESSION

 26-2634

 08/09

HOUSE BILL 1615-FN

AN ACT permitting consenting adults to enter into contract-based marriage agreements as an alternative to the requirement of a marriage license. 

SPONSORS: Rep. Sabourin dit Choiniere, Rock. 30; Rep. Farrington, Straf. 8; Rep. Granger, Straf. 2; Rep. Drago, Rock. 4; Rep. Dupont, Hills. 20; Rep. Giasson, Hills. 29; Rep. Love, Rock. 13; Rep. Terry, Belk. 7; Rep. Bailey, Straf. 2; Rep. McFarlane, Graf. 18; Sen. Murphy, Dist 16

COMMITTEE: Judiciary

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ANALYSIS

 This bill establishes the legal framework for contract marriage as a private civil alternative to licensed marriage. This bill further defines contract marriage as a voluntary agreement enforceable solely under civil contract law and provides procedures for optional filing, conversion, and revocation.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2634

 08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT permitting consenting adults to enter into contract-based marriage agreements as an alternative to the requirement of a marriage license. 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Short Title. This act may be cited as the "Marriage Liberty Act." 

 2 New Chapter; Contracted Marriage. Amend RSA by inserting after chapter 457-A the following new chapter: 

CHAPTER 457-B

CONTRACTED MARRIAGE

 457-B:1 Definitions. 

 For the purposes of this chapter, and notwithstanding any other provision of law: 

 I. "Administrative dissolution" means the removal of a licensed marriage from the state's vital records by operation of law following conversion to a contract marriage under this chapter, without judicial proceedings. 

 II. "Certificate of contract marriage" means a document executed by the parties and optionally filed with a state-designated registry.

 III. "Civil jurisdiction lock" means the exclusive application of civil contract law to the formation, enforcement, and dissolution of contract marriages.

 IV. "Contract marriage" means a legally recognized private marital agreement formed by 2 consenting adults through a signed, binding contract enforceable solely in the designated civil court as provided in RSA 457-B:3. 

 V. "Department of state" means the New Hampshire secretary of state or any authorized division responsible for registering contract marriage documents under this chapter. 

 VI. "Effective date" means the date specified within the contract marriage as the start or end of the contractual relationship. 

 VII. “Family law” means all statutory and common law governing licensed marriage, divorce, legal separation, annulment, spousal support, child custody, parental rights, and related matters, including but not limited to RSA 457, RSA 458, RSA 461-A, RSA 490-D, and applicable doctrines of equity. 

 VIII. "Filing" means submission of a document to the department of state for administrative purposes only, not constituting judicial review, recording, or approval unless expressly provided. 

 IX. "Informed consent" means that each party has taken personal responsibility for all material due diligence, has received or had the opportunity to receive independent legal advice, and has knowingly waived reliance on any implied protections or state-defined spousal duties. 

 X. “Licensed marriage” means any marriage formed under RSA 457 or dissolved under RSA 458, or any legal relationship that requires a state-issued marriage license and is governed by statutes concerning marital status, divorce, legal separation, or annulment. 

 XI. "Plain-language presumption" means that if the contract is written in clear terms and signed voluntarily, it shall be presumed understood without regard to education level, emotional state, or disparity of knowledge. 

 XII. "Protected condition" means any condition designated by the parties in the contract marriage as a protected condition, including but not limited to behavioral, financial, or relational expectations, or other lawful terms designated as conditions within the contract marriage. 

 XIII. "Protected outcome" means a contractual remedy triggered by the occurrence or non-occurrence of a protected condition, including but not limited to termination, restitution, waiver of claim, or other civil remedy. 

 XIV. "Relational expectation" means any term voluntarily adopted by both parties, including but not limited to emotional, cohabitational, or domestic conduct expectations. 

 XV. "Termination" means the conclusion of a