Common Law Marriage: An Overview
Common law marriage is a term that refers to a type of marriage that is recognized by a legal system based on the couple’s cohabitation and relationship without the need for a formal ceremony or marriage license. This type of marriage emerged in England during the medieval period, where it was established as a legal alternative to the traditional Catholic marriage.
Today, common law marriage is recognized in several countries, including the United States, Canada, and Australia. However, the legal status of common law marriage varies widely across different jurisdictions, and some states and territories have abolished it entirely.
In this article, we will take an in-depth look at common law marriage, exploring its history, legal status, benefits, and drawbacks.
The History of Common Law Marriage
The history of common law marriage can be traced back to medieval England, where it emerged as a legal alternative to the traditional Catholic marriage. At the time, England was a predominantly Catholic country, and the Catholic Church maintained a monopoly on the power to solemnize marriages.
However, as the Reformation swept across Europe, the Church’s authority began to diminish, and the English Crown began to take on a greater role in regulating marriage. In the wake of these changes, common law marriage emerged as a legal alternative to the traditional Catholic marriage, which required a formal ceremony and Church approval.
In common law marriage, couples could establish a legally binding union simply by living together and holding themselves out as husband and wife. This type of marriage was recognized by the English courts, and couples who lived together and had children were considered legally married under the common law.
As England’s legal system spread across the globe, so too did common law marriage. Today, it is recognized in several countries, including the United States, Canada, and Australia.
The Legal Status of Common Law Marriage
The legal status of common law marriage varies widely across different jurisdictions. In some states and territories, common law marriage is recognized as a valid form of marriage, while in others, it is not recognized at all.
For example, in the United States, common law marriage is recognized in only a handful of states, including Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, and Utah. In these states, couples who live together and hold themselves out as married for a certain period of time (usually seven years) are considered legally married under the common law.
However, even in states where common law marriage is recognized, there are often strict requirements that must be met before a couple can be considered legally married. For example, in Texas, a couple must satisfy the following criteria to be considered common law married:
– They must agree to be married
– They must live together as husband and wife
– They must hold themselves out to the public as married
In addition to these requirements, the couple must also meet a number of other criteria, such as living together for a certain period of time and introducing each other as “”husband”” or “”wife.””
In other states, such as California and Florida, common law marriage is not recognized at all, meaning that couples who live together and hold themselves out as married are not considered legally married under the law.
The Benefits and Drawbacks of Common Law Marriage
There are several benefits and drawbacks to common law marriage, depending on the jurisdiction in which it is recognized.
Benefits
One of the main benefits of common law marriage is that it allows couples to establish a legally binding union without the need for a formal ceremony or marriage license. This can be particularly appealing to couples who are hesitant to commit to a traditional marriage for religious, cultural, or personal reasons.
Common law marriage can also provide legal protections for couples who live together. In states where common law marriage is recognized, couples have the same legal rights and responsibilities as traditionally married couples. This includes the right to inherit property, make medical decisions for each other, and receive spousal support in the event of a separation or divorce.
Drawbacks
One of the main drawbacks of common law marriage is that it can be difficult to prove. Because common law marriage does not require a formal ceremony or marriage license, it can be difficult to establish when a couple began living together and holding themselves out as married.
This can be particularly problematic in the event of a separation or divorce, where one partner may claim that they were never legally married under the common law. In these cases, it can be difficult to determine whether a couple was in fact common law married, leading to lengthy legal battles and uncertainty about their legal status.
Another drawback of common law marriage is that it can be difficult to dissolve. In states where common law marriage is recognized, couples who wish to end their relationship must obtain a divorce, just like traditionally married couples. This can be a time-consuming and expensive process, particularly if the couple has significant assets or children together.
Conclusions
Common law marriage is a legal alternative to traditional marriage that allows couples to establish a legally binding union without the need for a formal ceremony or marriage license. While common law marriage is recognized in some jurisdictions, its legal status varies widely across different states and territories.
While common law marriage can provide legal protections for couples who live together, it also has several drawbacks, including the difficulty of proving its existence and the complexity of dissolving the relationship.
Overall, the legal status of common law marriage remains a contentious issue, with proponents arguing that it provides legal recognition and protections for couples who choose to live together, and opponents arguing that it undermines the institution of marriage and can create legal uncertainty and confusion.
Marriage is not only a relationship or bond you share with a loved one but a unique contract that must be validated in order to be considered a legal union.
A common law marriage offers a couple of legal recognition of their joining.
Such a label offers the two wedded individuals with certain privileges in accordance with tax law or family law.
As a result of this, the marriage meets the requirements of the common law.
Obtaining a valid marriage license and partaking in a ceremony that is administered by someone who is licensed by the particular state in which the marriage is held is the first consideration of common law marriage.
Each state contains its own rules in regards to marriage; however, common law marriage is essentially uniform. When getting married, make sure there are no legal impediments that would block the marriage.
For example, if one of the individuals were previously married make sure they have valid divorce documents before the wedding.
When obtaining a marriage license the individuals must distribute documents to their local registry or church that signifies appropriate identification.
A marriage license is a form of permit that states in accordance with common law, that the couple is legally allowed to marry.
The regulations necessary to obtain a marriage license will fluctuate based on state, so make sure you acknowledge your specific state’s rules.
Most states will require the marrying individuals to provide proof of citizenship, a driver’s license or a form of photo ID, and documents to provide proof of address.
Some states will require a blood test for the marrying couple and all states will attach fees to the license obtainment process.