Anaya Nolan
In the United States, common-law marriage is a way to provide legal recognition for couples who cannot marry due to legal or cultural barriers. While some states recognize common-law marriages, Utah does not have a specific statute that recognizes them. However, Utah does allow couples to ask for judicial recognition of their relationship as a marriage. This means that a couple may be considered legally married if they meet certain criteria, such as cohabitation, and have a representative of their religious organization sign a declaration of marriage. If a couple wants their common-law marriage to be recognized in another state, they are usually advised to sign power of attorney documents.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | No, but couples can ask for judicial recognition of their relationship as a marriage |
| Alternatives | Couples can ask the court to recognize their relationship as a marriage, or establish a domestic partnership |
| Requirements for judicial recognition | Both partners are of legal age and can give consent, both partners are legally capable of entering a marriage, both partners presented themselves as a married couple to the public, in a way that made others believe they were married |
| Benefits of judicial recognition | Legal recognition of marriage is helpful for inheritance rights if one partner passes away |
| Recognition in other states | Other states may recognize a common-law marriage from Utah if the couple signed power of attorney documents and if the marriage was contracted in a state that recognized such a union |
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What You'll Learn
Utah does not recognise common-law marriage
The petitioner (the person asking for the relationship to be recognised as a marriage) should be ready to show the court that the marriage comes from an agreement between partners who:
- Are of legal age and can give consent
- Are legally capable of entering a solemnised marriage (you cannot marry someone you are closely related to)
- Presented themselves as a married couple to the public, in a way that made others believe they were married
The petitioner will need to present evidence and witnesses to support the request. If the court finds that the evidence is sufficient to support the request, a judge will approve it and declare the couple legally married.
If there is no reason to "backdate" the marriage, it is cheaper, simpler and faster just to get married.
Alternatives to common-law marriage
If you want to get married traditionally in Utah, you must apply for a license and complete a wedding ceremony that's officiated by a qualified individual, such as a preacher or judge. After the ceremony, the newlyweds receive a marriage certificate for their records.
If you are in a domestic partnership, you can also apply to be on the Mutual Commitment Registry in Utah. To be considered as domestic partners, both of you must:
Provide proof of the commitment (can be a joint bank account, retirement account, credit card account, mortgage, loan, life insurance, or lease)
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Couples can ask for judicial recognition of their relationship as a marriage
Utah does not have a specific statute recognizing common-law marriage. However, couples can ask for judicial recognition of their relationship as a marriage.
If the court grants the request, it will sign a decree recognizing the relationship as a marriage, which is the same as getting married. The only advantage of a common-law marriage is to formally recognize marriages informally entered into in the past. If there is no reason to "backdate" the marriage, it is cheaper, simpler, and faster to get married.
The petitioner (the person asking for the relationship to be recognized as a marriage) should be ready to show the court that the marriage comes from an agreement between partners who are legally capable of entering a solemnized marriage. This means that both partners are of legal age and can give consent.
To prove to the court that a marriage existed, the filing partner must also show that both partners presented themselves as a married couple to the public in a way that made others believe they were married. For example, the couple must have told other people that they are husband and wife and filled out official documents as such. The burden of proving a common-law marriage is high, and most claims of common-law marriages in Utah fail.
If a couple wants to get married traditionally, they must apply for a license and complete a marriage ceremony officiated by a qualified individual, such as a preacher or judge. After the ceremony, the newlyweds receive a marriage certificate and are considered lawfully married, with access to state and federal benefits.
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The process of petitioning for recognition
Although Utah does not have common-law marriage per se, couples who have lived together and treated each other as spouses can ask the court to recognize their past relationship as a marriage. This is known as petitioning for recognition.
- Filing a Petition: Either party in an unmarried couple can file a formal, written request, called a "petition to recognize a relationship as a marriage", at the local district court in the county in which they reside. This petition must be filed either during the relationship or within one year of its termination.
- Notifying the Other Party: The petitioner must notify the other party of the petition, along with the summons and other documents, no later than 120 days after filing. The other party then has 21 days (if served in Utah) or 30 days (if served outside of Utah) to respond if they disagree.
- Proving Consent: Both parties must have consented or agreed to be married, and the petitioner must prove this to the court. This can be done through witnesses who were present when the agreement was made or by declaring the relationship in documents like deeds and wills.
- Meeting Requirements: The petitioner must also show that both parties are legally capable of entering a solemnized marriage (not closely related) and have lived together, treating each other as though they were married.
- Judicial Recognition: If the court finds sufficient evidence to support the request, a judge will approve it and sign a decree recognizing the relationship as a marriage. This is the same as getting married and entitles the couple to all the rights and benefits of a legally married couple.
It is important to note that most claims of common-law marriage in Utah fail due to the high burden of proof required. If there is no need to backdate the marriage, it may be simpler and faster to just get married. Additionally, this process can be complex, especially if one party is deceased or incapacitated, so seeking legal advice is recommended.
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The advantages of common-law marriage
Utah does not have common-law marriage. However, couples can ask the court to recognize their relationship as a marriage, even without a marriage ceremony. If the court approves, the partners will be considered married.
Now, here are some advantages of common-law marriage:
Common-law marriage allows couples to enjoy the same marital rights and responsibilities as formally married couples without having to go through a formal marriage procedure. These rights include healthcare benefits, hospital visitation rights, the right to make emergency medical decisions, access to personal records, rights in property division upon separation, child custody rights, spousal support rights, inheritance rights, and tax deductions.
Common-law marriage also offers simplicity. Without the complexities of wedding preparations and paperwork, the process of getting married is streamlined.
It is important to note that the laws governing common-law marriages vary from state to state. In some states, common-law marriage is not recognized, and couples must meet specific requirements to be considered married by common law.
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The requirements for recognition
While Utah does not have a specific statute recognising common-law marriage, it does recognise "common-law marriage by declaration of a representative of a religious organisation". This means that a couple may be considered legally married if they meet certain criteria and have a representative of their religious organisation sign a declaration of marriage. The religious organisation must be a recognised entity in the United States, such as a church or synagogue.
To be recognised as a common-law marriage in Utah, a couple must meet the following requirements:
- Both parties are of legal age (over 18) and can give consent.
- Both parties are legally capable of entering a marriage (not closely related).
- Both parties presented themselves as a married couple to the public in a way that made others believe they were married.
- The couple has cohabited.
- The couple has mutually assumed marital rights, duties, and obligations.
In addition, if two couples want an outside state to recognise their common-law marriage in Utah, they are usually advised to sign power-of-attorney documents. These documents include a durable power of attorney and a medical power of attorney, which are established with the help of a qualified legal professional before officially declaring the common-law marriage.
If a couple wishes to have their relationship recognised as a marriage by the court, they must file a petition. This can be done together with a divorce petition. The petitioner will need to present evidence and witnesses to support the request, and the court will determine the validity of the marriage within one year of the termination of the relationship. If the court grants the request, it will sign a decree recognising the relationship as a marriage, which is the same as getting married.
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Frequently asked questions
No, Utah does not recognize common-law marriage. However, couples can ask for judicial recognition of their relationship as a marriage.
The requirements for common-law marriage in Utah include: being of legal age and capable of giving consent, cohabiting, and publicly presenting as a married couple. Additionally, the couple must mutually assume marital rights, duties, and obligations.
Having a common-law marriage recognized in Utah provides legal benefits, such as inheritance rights and tax deductions. It also simplifies the probate process in the event of a spouse's death.
To get your common-law marriage recognized in Utah, you must file a petition with the court and provide evidence and witnesses to support your request. The evidence should demonstrate that you meet the requirements for a common-law marriage.
Couples seeking legal recognition of their relationship in Utah can consider alternatives such as registering as domestic partners or undergoing a traditional marriage process with a license and ceremony.
