Cecily Zamora
A civil union, also known as a civil partnership, is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with child adoption being a common exception. On the other hand, a common-law marriage is a marriage achieved by an agreement to be married, living together as spouses, and announcing themselves to friends, family, and the public as being married, without obtaining a marriage license. Common-law marriages are recognized in only eight states in the US, while civil unions are recognized in only four states.
| Characteristics | Values |
|---|---|
| Recognition | Civil unions are not recognized at the federal level, only at the state level. Common law marriages are recognized in only eight states plus the District of Columbia. |
| Rights | Civil unions offer many of the same rights as marriages, including inheritance rights, employment benefits, parental rights, and property rights. However, they may not include all rights, such as child adoption. Common law marriages offer the same protections as traditional marriages. |
| Benefits | Civil unions do not offer federal benefits such as Social Security and veteran's benefits. Common law marriages provide the same benefits as traditional marriages. |
| Taxation | Civil unions require individual federal tax filing and may offer tax breaks. Common law marriages allow for joint federal tax filing. |
| Dissolution | Dissolving a civil union or a common law marriage follows a similar process to divorce, including division of property, debt, and spousal support. |
| Application | Civil unions require an application and license, similar to traditional marriages. Common law marriages do not require a license but are formed by mutual consent, cohabitation, and public assumption of a marital relationship. |
| Purpose | Civil unions were originally created for same-sex couples to provide legal recognition and protections before same-sex marriage was legalized. Common law marriages were historically a stop-gap measure for couples in isolated rural areas who had to wait for a clergy visit to preside over a ceremony. |
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What You'll Learn
Civil unions are not recognised federally
Civil unions also do not allow couples to file jointly on federal taxes. In the US, only four states recognise civil unions: Colorado, Hawaii, Illinois and New Jersey. Civil unions were originally created to offer the same legal protections that married couples have to same-sex couples, before same-sex marriage was federally legalised in 2015. Since then, civil unions have become a lot less common, and many couples' civil unions were converted to marriages. However, some couples chose to retain their civil union status, and civil unions remain a legal option for both same-sex and heterosexual couples seeking an alternative to traditional marriage.
Civil unions are also not recognised in every state, unlike marriages. This means that if a couple gets a civil union certificate in one state and then moves to another, their union might not be recognised. This is in contrast to a marriage, which is recognised in every state. For example, civil unions in Colorado are only recognised in four other states: Iowa, Kansas, Montana and Utah. This lack of recognition in some states means that civil unions do not offer certain federal protections and benefits that come with marriage.
Civil unions also differ from common-law marriages, which are marriages achieved by an agreement to be married, living together as spouses, and announcing themselves as married to friends, family and the public, without obtaining a marriage license. Common-law marriages are recognised in Colorado, Iowa, Kansas, Montana, South Carolina, Texas, Utah, Rhode Island and the District of Columbia.
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Common-law marriage recognition varies by state
Common-law marriage recognition varies significantly across different states in the US. As of 2022, common-law marriages are recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriages. Other states, such as Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania, only recognise common-law marriages formed before a specified date. For instance, Alabama recognises common-law marriages formed before January 1, 2017.
The criteria for recognition also vary by jurisdiction. Generally, a common-law marriage is established when a couple agrees to be married without a ceremony, cohabit for a significant time, and present themselves publicly as a married couple. Some states, like Iowa, also require evidence of intent to marry. The recognition of common-law marriages can lead to complexities, especially when couples move to a state that does not recognise such marriages. In such cases, consulting legal professionals and maintaining comprehensive documentation can help safeguard their rights.
It is important to note that the term "common-law marriage" is often misused and misunderstood. It is sometimes used to describe any cohabitating couple or those who have lived together for an extended period, whereas, in reality, it refers to a specific legal arrangement with distinct requirements.
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Civil unions were created for same-sex couples
A civil union, also known as a civil partnership, is a legally recognised arrangement similar to marriage. Civil unions were primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with child adoption being a common exception.
Civil unions were established by law in several countries to provide legal recognition of relationships formed by same-sex couples and to afford them rights, benefits, tax breaks, and responsibilities. In 1989, Denmark became the first country to legalise civil unions. Since then, most other developed democracies have followed suit, with the majority of countries that established same-sex civil unions later supplementing or replacing them with same-sex marriage.
In the United States, the federal Defence of Marriage Act (DOMA) meant that the government did not recognise civil unions of same-sex couples under federal laws, benefits, programs, rules, and regulations that applied to spouses in a marriage. However, in 2015, the Supreme Court ruling in Obergefell v. Hodges made same-sex marriage legal across the country, giving same-sex couples the same rights to marry as heterosexual couples. Despite this, civil unions remain a legal option for same-sex couples seeking an alternative to traditional marriage, with some couples opting for civil unions because they don't feel comfortable with the social conventions or religious/traditional connotations surrounding marriage.
In Australia, all levels of Australian governments recognise same-sex couples as de facto couples, and since 2009, Centrelink has recognised same-sex couples equally regarding social security under common-law marriage, de facto status, or unregistered cohabitation.
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Common-law marriages are achieved through agreement
A civil union, also known as a civil partnership, is a legally recognised arrangement similar to marriage. It is primarily created to provide legal recognition for same-sex couples, although it is also an option for heterosexual couples. Civil unions grant some or all of the rights of marriage, including inheritance rights, employment benefits, parental rights, and property rights. However, civil unions are not recognised at the federal level in some countries, such as the United States, and may not offer certain federal protections and benefits, such as the ability to file federal taxes jointly or receive social security benefits.
On the other hand, a common-law marriage is a type of marriage that is achieved through agreement. In the United States, specifically in Colorado, a common-law marriage is recognised when a couple mutually consents or agrees to be husband and wife, cohabits as spouses, and publicly holds themselves out as married. This type of marriage does not require a marriage license or a ceremony. Common-law marriages have the same legal protections as traditional marriages, but they may not be recognised in all states or settings.
In summary, while civil unions and common-law marriages offer similar legal protections to traditional marriages, the main difference lies in their recognition and availability. Civil unions are legally recognised in some countries and states but may not offer federal benefits, while common-law marriages are a form of marriage that is achieved through mutual agreement and recognised in certain states but may not be recognised in others. Both options provide couples with alternatives to traditional marriage while still granting them legal rights and protections.
It is important to note that the availability and recognition of civil unions and common-law marriages can vary depending on the country and state. Therefore, it is always advisable to seek legal advice when considering these alternatives to traditional marriage.
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Civil unions offer similar legal protections to marriages
A civil union is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions were first introduced in Denmark in 1989, but most other developed democracies did not follow suit until the 1990s and early 2000s. In the majority of countries that established same-sex civil unions, they have since been either supplemented or replaced by same-sex marriage. In the United States, same-sex marriage was legalized in 2015, and civil unions have become less common. However, civil unions can still be beneficial for couples who do not believe in marriage or do not want the societal pressure associated with it but still want the legal protections it offers.
In addition to legal protections, civil unions may also provide tax benefits and immigration benefits, although these may vary depending on the country or state. For example, in France, tax benefits accrue immediately, while immigration benefits only become available after the contract has been in effect for one year. In the United States, civil unions do not offer the same tax benefits as marriages, as couples in a civil union must file taxes individually rather than jointly.
It is worth noting that the terms and specific rights associated with civil unions can vary widely from country to country and even within different states in the same country. For example, in Australia, civil unions are recognized by all levels of government, but the specific rights and benefits may differ depending on the state. Therefore, it is important for couples considering a civil union to understand the specific legal implications and protections offered in their respective jurisdictions.
Overall, civil unions provide many of the same legal protections as marriages, but there are still some key differences, particularly when it comes to federal recognition and benefits. Couples considering a civil union should carefully research the laws and protections offered in their specific state or country to understand their rights and benefits fully.
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Frequently asked questions
A civil union, also known as a civil partnership, is a legally recognised arrangement similar to marriage. Civil unions were originally created to offer the same legal protections that married couples have to same-sex couples.
A common-law marriage is a marriage achieved by an agreement to be married, living together as spouses, and announcing themselves as a married couple to friends, family, and the public, without obtaining a marriage license or going through a ceremony.
No, they are not the same. Civil unions are not recognised at the federal level, whereas common-law marriages are recognised in some states.
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