Kara Sears
The concept of common-law marriage is a widely debated topic, with varying opinions on whether it is recognized by God or not. While some argue that the Bible does not explicitly mention common-law marriage, others believe that God recognizes a union between a man and a woman as a marriage, regardless of legal or religious formalities. This is based on the interpretation of marriage as a lifelong commitment between two people, rather than a legal contract. Additionally, some Christians believe that if a state recognizes a common-law marriage, then it is also recognized by God, as they consider it their duty to obey the government and its laws. However, others argue that marriage is a sacred covenant that requires a public vow or ceremony, and that living together does not constitute a biblical marriage.
| Characteristics | Values |
|---|---|
| Definition | A romantic relationship legally recognized as a marriage without the need for a marriage license or a ceremony |
| Eligibility | A couple must have a marriage-like lifestyle: they live together, agree that they are married, and present themselves to others as husband and wife |
| Bible's Perspective | Marriage is “when a man leaves his mother and father to live with another woman and become one”. Once a couple decides to live with each other and have sex, they meet all the criteria specified in the Bible |
| God's Recognition | God will recognize a common-law marriage as long as the state in which a couple resides recognizes it, since he commands us to be faithful to the law of the land |
| Catholic Church's Recognition | The Catholic Church recognizes civil ceremonies as valid, including those between two atheists with no mention of God |
| Christian Recognition | Christians recognize marriages that are recognized by the state or county |
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What You'll Learn
Common law marriage and the Bible
The Bible does not explicitly mention common-law marriage. However, it does provide guidelines for marriage, which Christians may use to evaluate the validity of common-law marriages.
In the Bible, marriage is described as a union between a man and a woman, creating a new entity or a new "whole" (Genesis 2:24, Mark 10:6–9). This union is brought about by a mutual commitment before God, expressed through a public vow to forsake all others, to be faithful, and to act in the best interest of one another (1 Corinthians 7:39). Sexual activity is understood to be a natural part of marriage (Exodus 21:10; Hebrews 13:4).
While marriages throughout most of biblical history involved some type of public ceremony, such a ceremony is not required for a biblical marriage. For example, in the case of Isaac and Rebekah, there was no recorded ceremony, but a clear expression of intent for a permanent union (Genesis 24:51, 57, 67).
Some Christians interpret these passages to mean that a common-law marriage, if recognized by the state, is also recognized by God. They argue that as long as a couple intends to be married and publicly presents themselves as married, they meet the biblical criteria for marriage.
However, others argue that common-law marriage is contrary to God's original intent for marriage, which is a lifelong commitment (Matthew 1:25). They point to the Bible's condemnation of living together, fornication, and adultery (John 4), and the importance of obeying the laws of the land (Romans 13).
Ultimately, the recognition of common-law marriage by the church may depend on the denomination and the interpretation of biblical teachings. Christians considering common-law marriage should carefully weigh their options, considering their public testimony and motives for dispensing with a public ceremony.
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What constitutes a biblical marriage?
The Bible offers differing perspectives on what constitutes a marriage. Some Christians believe that a marriage is a lifelong commitment between one man and one woman. This is supported by Genesis 2:24, which states that a man and a woman "will become one flesh", and Mark 10:6-9, where Jesus comments that "what God has joined together, let no one separate".
In the New Testament, Jesus attends a wedding ceremony, turning water into wine, and often refers to weddings in his parables. This suggests that a public ceremony is expected and honoured by God. This is supported by Hebrews 13:4, which states that "marriage should be honoured by all, and the marriage bed kept pure".
However, some Christians argue that a ceremony is not required for a biblical marriage. Isaac and Rebekah, for example, are said to have married without a public ceremony. Instead, Isaac brought Rebekah into his mother's tent and took her as his wife. A dowry was paid, and verbal contracts were pledged between them.
The Bible also suggests that a marriage consists of three things: leaving, cleaving, and becoming one flesh. This is supported by Genesis 2:24, Matthew 19:5, Mark 10:7-8, and Ephesians 5.
Some Christians believe that a couple is only truly married in God's eyes once they have consummated the marriage physically. However, others disagree, arguing that the Bible distinguishes between a wife and a concubine, and that sex before marriage is considered immoral (1 Corinthians 7:2).
While the Bible does not specifically mention common-law marriage, some Christians argue that God recognises marriages that are recognised by the state or county. This is supported by Romans 13, which states that it is God's will that we obey the government.
In summary, while there is no clear consensus on what constitutes a biblical marriage, most Christians agree that it is a lifelong commitment between one man and one woman, involving some form of public declaration or ceremony, and consummated through physical union.
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The Catholic Church's view on common law marriage
The Catholic Church's view on marriage is that it is a "covenant by which a man and woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring". It is a lifelong partnership of mutual and exclusive fidelity, established by mutual consent between one man and one woman. Marriage is not a purely human institution, and God himself is the author of marriage.
The Catholic Church teaches that the vocation to marriage is written in the very nature of man and woman as they were created by God. The Catechism of the Catholic Church states that "the intimate community of life and love which constitutes the married state has been established by the Creator and endowed by him with its own proper laws". The Church Fathers of the Latin or Catholic Church did not condemn marriage but taught a preference for celibacy and virginity. Bishop Ignatius of Antioch wrote that "it becomes both men and women who marry to form their union with the approval of the bishop, that their marriage may be according to God, and not after their own lust".
The Church recognizes as sacramental the marriages between two baptized non-Catholic Christians, as well as marriages between baptized non-Catholic Christians and Catholic Christians, although in the latter case, consent from the diocesan bishop must be obtained. In the case of a marriage between a Catholic and a non-baptized person, the Church requires even greater circumspection. The Church teaches that the consent by which the spouses mutually give and receive one another is sealed by God himself, and from their covenant arises "an institution, confirmed by the divine law, ... even in the eyes of society".
The Church prefers that marriages between Catholics, or between Catholics and other Christians, be celebrated in the parish church of one of the spouses. In the Latin Rite, the celebration of marriage between two Catholic faithful normally takes place during Holy Mass. The priest's role is to "assist" the spouses in ensuring that the marriage is contracted in accord with canon law, and he is supposed to attend whenever possible. A competent layperson may be delegated by the Church or may attend in place of the priest if it is impractical for a priest to be present.
The Catholic Church teaches that marriage is a sacred bond that should not be entered into lightly and that it is a lifelong commitment. People who have multiple cohabiting relationships before marriage are more likely to experience marital conflict, marital unhappiness, and eventual divorce than those who do not cohabit before marriage. The Church teaches that conjugal love requires the inviolable fidelity of the spouses, and that love seeks to be definitive and cannot be an arrangement "until further notice".
While the Catholic Church does not specifically mention common-law marriage, it is clear that the Church expects marriages to be lifelong commitments made before God and witnessed by the Church. Therefore, it is unlikely that the Catholic Church would recognize a common-law marriage as valid.
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Common law marriage and cohabitation
In family law, a common-law marriage is a legal and informal marriage. Common-law marriage is recognized in seven US states and the District of Columbia, with nine other states recognizing it with some restrictions. In states that allow common-law marriage, couples have the same rights as those who went through a formal marriage process. Generally, a married couple is considered common-law married when they live together for a period of time (cohabitation) and hold themselves out to friends, family, and the community as "married". However, cohabitation as an unmarried couple is not enough to establish a common-law marriage.
While the Bible does not explicitly mention common-law marriage, it does provide guidance on marriage. For example, Genesis 2:24 implies a "one woman for one man for one lifetime" principle, and Jesus reinforced this in Mark 10:6–9. From a biblical perspective, marriage is when "a man leaves his mother and father to live with another woman and become one". This suggests that a lifelong commitment, rather than simply living together, defines a biblical marriage.
Some Christians interpret this to mean that a common-law marriage, if recognized by the state, is also recognized by the church. They argue that God's will is to obey the government (Romans 13), so Christians should comply with the legal requirements for marriage. However, others argue that a public ceremony, exchange of vows, and declaration of covenant are expected, as seen in New Testament times and referenced by Jesus in his parables.
Regardless of religious views, it is important to note that the requirements for common-law marriage vary by state and jurisdiction. For example, Wisconsin does not recognize common-law marriage or cohabitation relationships as legally binding marriages. In such cases, unmarried couples ending their relationships are not entitled to the same rights as a married couple regarding marital property, real estate, or custody and placement unless there is a cohabitation agreement in place.
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Common law marriage and the law of the land
Common-Law Marriage and the Law of the Land
Common-law marriage, also known as non-ceremonial marriage, is a marriage that occurs when two people who intend to be married and are legally capable of doing so, live together as a married couple and present themselves as such to the world. It is a legally and socially recognized marriage that does not follow the traditional route of obtaining a marriage license or participating in a formal ceremony. While the specific requirements for common-law marriage may vary across different jurisdictions, there are several key elements that define this type of union.
Firstly, common-law marriage requires a mutual agreement between the couple to consider themselves as married. This agreement is typically followed by cohabitation, where the couple lives together and behaves as a married couple in their daily lives. The length of cohabitation is not a statutory requirement, but longer periods of living together generally strengthen the case for common-law marriage. Additionally, both partners must have the legal right or "capacity" to marry, which usually entails being at least 18 years old, of sound mind, and not already married to other people.
The recognition of common-law marriage varies across different states and countries. In the United States, common-law marriage is recognized in seven states and the District of Columbia, with each state having its own specific eligibility criteria. In Canada, while couples in marriage-like relationships may be granted certain rights and responsibilities, they are not legally considered married. Similarly, in Scotland, common-law marriage does not exist, although there was a form of irregular marriage called 'marriage by cohabitation with habit and repute' until 2006.
The concept of common-law marriage also intersects with religious beliefs and practices. In Christianity, for example, there is a debate about whether common-law marriage is recognized by God. Some argue that marriage, as defined by the Bible, is a lifelong commitment between a man and a woman, and that a public ceremony or exchange of vows is expected. However, others point out that marriages in biblical times often involved no ceremony, and that God's purposes for marriage, such as companionship and procreation, can be fulfilled through a common-law union. Ultimately, Christians often recognize marriages that are legally acknowledged by the state or county, and some interpret common-law marriage as valid in the eyes of God as long as it is recognized by the state.
In conclusion, common-law marriage is a legally and socially recognized form of marriage that bypasses the traditional requirements of a marriage license or ceremony. While the specifics vary across jurisdictions, common-law marriage generally entails a mutual agreement to be married, cohabitation, and the public presentation of the couple as married. The recognition of common-law marriage differs internationally, and its relationship with religious beliefs adds another layer of complexity. Ultimately, common-law marriage exists within the framework of the law of the land, with varying degrees of acceptance and validity across different regions and belief systems.
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Frequently asked questions
The Bible does not explicitly mention common-law marriage, but it does state that marriage is a sacred union between a man and a woman, creating a new entity or a "one flesh". Some Christians interpret this to mean that a common-law marriage, if recognized by the state, is also recognized by God.
The requirements for a common-law marriage vary by state or country. Generally, a couple must live together, agree that they are married, and present themselves as a married couple to others.
Some people interpret the marriage of Isaac and Rebekah as a form of common-law marriage, as there was no public ceremony recorded in the Bible.
Churches may have different stances on recognizing common-law marriages. Some churches may consider it living in sin if a couple is not formally married.
From a religious perspective, the difference between a common-law marriage and a traditional marriage may lie in the expression of a public vow and the recognition by the state or community.
