Gavin Howe
Common law marriage is a form of union where couples live together and present themselves as spouses without a formal ceremony or marriage license. While common law marriage is recognised in many US states, Puerto Rico, a US territory, has never legally recognised this form of marriage. This means that no amount of cohabitation or other actions can create a legally binding common-law marriage in Puerto Rico. However, same-sex marriage has been legal in Puerto Rico since 2015, and the process of obtaining a marriage license is fairly straightforward, especially for US residents.
| Characteristics | Values |
|---|---|
| Common law marriage | Does not exist in Puerto Rico |
| Recognition of common law marriage | Varies among jurisdictions |
| Legal status | No specific statutes or laws |
| Requirements for legal marriage | Photo ID, birth certificates, medical certification, Internal Revenue stamp, divorce decrees, death certificates, affidavit of intention, blood tests |
| Officiants | Must be registered to preside over weddings in Puerto Rico |
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What You'll Learn
Common law marriage is not legally recognised in Puerto Rico
Common law marriage is a form of union where couples live together and present themselves as spouses without a formal ceremony or marriage license. While this type of marriage is recognised in some US jurisdictions, it is not legally recognised in Puerto Rico.
Puerto Rico has a unique legal system and a distinct perspective on the institution of marriage. While it is a territory of the United States, it has never legally recognised common law marriage. There are no specific statutes or laws in Puerto Rico that explicitly address common law marriage. The concept of common law marriage began in English law during the medieval era, where a couple was considered married if they had exchanged vows, regardless of whether their wedding was witnessed or officiated. This tradition continued in American territories and was eventually made into law in some states. However, Puerto Rico, as a Latin American territory, never adopted this tradition.
For couples seeking to get married in Puerto Rico, there are specific requirements that must be met. Both spouses must be deemed healthy, and if either spouse is a Puerto Rico resident, they must undergo blood tests. If the couple is non-resident, they must provide a medical certificate stating that they comply with the tests required to enter into marriage in their place of residence. In addition, photo identification, birth certificates, and an Internal Revenue stamp are required. If either spouse has been previously married, divorce decrees or a former spouse's death certificate must be provided.
While there is no law against calling oneself married in Puerto Rico, there is no way to initiate a legal common law marriage. Couples considering or currently engaged in a common law marriage in Puerto Rico should be aware of the legal implications and seek legal advice to understand their rights and responsibilities.
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The history of common law marriage in English law
The concept of common-law marriage has a long and complex history in English law. While the exact origins of this custom are uncertain, it is believed to have emerged in medieval England, when a couple was considered married if they exchanged marriage vows, regardless of whether their union was witnessed or officiated. This tradition of recognising private marriages under English common law persisted and evolved over time.
During the colonial era, the concept of common-law marriage was transported to British colonies, including those in North America and the Caribbean. In these regions, the scarcity of clerics or civil officials made ceremonial marriages less accessible, and the harsh conditions of colonial life may have contributed to the necessity of a substitute form of marriage. As a result, common-law marriages became recognised and established in these territories.
In the United States, the recognition of common-law marriage varies across states. As of 2022, it is acknowledged in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Meanwhile, Utah, South Carolina, and New Hampshire have limited recognition of such unions. It's important to note that specific requirements and regulations may differ within each state.
In the context of English law, the term "common-law marriage" has been used to refer to unmarried, cohabiting heterosexual couples. While English law does not formally recognise common-law marriages in the same way as some other jurisdictions, there have been instances where English courts upheld marriages by consent in territories not under British control, particularly in extenuating circumstances, such as marriages in prisoner-of-war camps during World War II.
In summary, the history of common-law marriage in English law spans from its medieval origins to its colonial legacy and modern-day interpretations. While the recognition and legal implications vary across jurisdictions, the core principle of common-law marriage revolves around the mutual agreement and cohabitation of a couple without the need for a formal ceremony or statutory process.
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Requirements for a legally recognised marriage in Puerto Rico
Puerto Rico has a unique legal system and a distinct perspective on the institution of marriage. While the territory recognises the concept of common law marriage, it does not have specific statutes or laws that explicitly address it. As such, common law marriage is not a legally recognised form of union in Puerto Rico, and couples must follow certain requirements to enter into a legally binding marriage.
Firstly, couples must obtain a marriage license from the Demographic Registry office. This office is located on the third floor of Plaza Las Américas Mall in San Juan, and is open Monday to Saturday from 9 am to 9 pm, and on Sundays from 11 am to 7 pm. To obtain the marriage license, both spouses must provide valid photo identification, such as a driver's license, passport, or state ID, as well as their birth certificates. If either spouse is a foreign citizen, they must present a visa or green card in addition to their passport. If either spouse has been previously married, original divorce decrees or the former spouse's death certificate must be provided. Additionally, medical certification and an Internal Revenue Stamp, which can be purchased at a government office for $150, are required.
If the couple is planning a destination wedding, an affidavit of intention is necessary, stating their purpose of travel to Puerto Rico and their return to their place of residence after the wedding. This affidavit must be prepared within 10 days before the wedding by a lawyer, notary public, or other authorised person, and certified by the County Clerk.
For couples residing in Puerto Rico, blood and urine tests are mandatory. These tests screen for Syphilis, Chlamydia, and Gonorrhea and must be conducted by a Puerto Rican physician or a Federally Certified Laboratory. If either spouse tests positive, they must provide proof of medical care and treatment. Non-resident couples can present a medical certificate stating that they comply with the tests required for marriage in their place of residence, or they can opt to undergo the laboratory tests on the island.
Once the marriage license is obtained, the wedding ceremony must be officiated by a registered officiant for it to be legally recognised. The couple can choose to have a friend or loved one perform the ceremony, provided that they hire an Officiant of Record to handle the legal documentation. Within 10 days after the wedding, the officiant must file the paperwork, including the marriage certificate, marriage license, and other documents, with the Demographic Registry of the municipality where the ceremony took place. The couple must review and sign all sections of the marriage certificate using permanent black or blue ink or a typewriter.
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Misunderstandings about common law marriage in Puerto Rico
There are several misunderstandings about common-law marriage in Puerto Rico. Firstly, it is important to note that common-law marriage is not legally recognised in Puerto Rico. The territory has never implemented common-law marriage, and there is no way to initiate a legal common-law marriage there. This means that no amount of cohabitation, having children together, filing income tax returns jointly, or any other action can create a legally binding common-law marriage in Puerto Rico.
One common misunderstanding is that couples who live together for a certain number of years, often believed to be 7 years, are considered to be in a common-law marriage. However, this is not the case in Puerto Rico, and simply living together does not grant the legal rights and protections of marriage.
Another misconception is that if a couple holds themselves out as spouses, for example, by referring to each other as husband and wife, they are in a common-law marriage. While this is one of the central principles of common-law marriage, it alone does not establish a legal union in Puerto Rico.
Additionally, some people may believe that having children together and describing themselves as married automatically creates a common-law marriage. However, this is also not the case, and having children does not grant the same legal rights as a formal marriage in Puerto Rico.
It is worth noting that while Puerto Rico does not recognise common-law marriage, it does offer a unique perspective on the institution of marriage due to its cultural and legal distinctiveness. Couples considering a common-law marriage in Puerto Rico should seek legal advice to understand their rights and responsibilities within the local legal context.
To obtain a legally recognised marriage in Puerto Rico, couples must comply with the procedures and requirements provided in the Puerto Rico Civil Code and applicable special laws. This includes undergoing medical examinations, obtaining the necessary documents, and ensuring their officiant is registered to preside over weddings in the territory.
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The legal recognition of same-sex marriage in Puerto Rico
Same-sex marriage has been legally recognised in Puerto Rico since July 2015, following the US Supreme Court's ruling in Obergefell v. Hodges, which deemed same-sex marriage bans unconstitutional. The ruling resulted from a lawsuit filed by two women in Puerto Rico, who sought recognition of their 2004 marriage in Massachusetts. The Supreme Court's decision prompted the Puerto Rican government to amend its Civil Code, defining marriage as a civil institution between two natural persons, regardless of gender.
Prior to this ruling, there was opposition to same-sex marriage in Puerto Rico, with attempts to restrict marriage to "the union of one man and one woman". However, supporters of LGBTQ+ rights could also be found across the political spectrum, with several left-wing and pro-independence groups advocating for full rights for LGBTQ+ citizens. Additionally, in 2013, Governor Garcia Padilla signed an order extending health insurance coverage to the same-sex domestic partners of workers in the executive branch, demonstrating a shift towards greater inclusion.
While same-sex marriage is now legal in Puerto Rico, it is important to note that the territory's unique legal system and cultural context may present specific considerations for couples seeking to marry there. Additionally, while public discussion and debate around LGBTQ+ rights have increased, opposition from religious groups, such as the Roman Catholic Church and socially conservative Protestants, still exists.
In conclusion, the legal recognition of same-sex marriage in Puerto Rico represents a significant step forward for LGBTQ+ rights in the territory, offering greater equality and protections for same-sex couples. This development aligns Puerto Rico with the broader trend towards recognising the rights of LGBTQ+ individuals and ensuring their inclusion in societal institutions.
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Frequently asked questions
No, common-law marriage does not exist in Puerto Rico. While there is no law against calling yourself married, there is no way to initiate a legal common-law marriage in Puerto Rico.
Common-law marriage is a form of union where couples live together and hold themselves out as spouses without a formal ceremony or marriage license.
To obtain a marriage license in Puerto Rico, couples must bring photo identification, birth certificates, medical certification, and an Internal Revenue stamp worth $150 to the demographic registry. If either spouse has been previously married, you'll need to bring the original copies of the divorce decrees, or the former spouse's death certificate. If either spouse is a resident of Puerto Rico, you will also need to bring a blood test.
Your officiant must be registered to preside over weddings in Puerto Rico. The officiant of record must file the paperwork within 10 days after the wedding. Roughly three weeks after the wedding, you can apply online for a copy of your official marriage certificate.
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