Gavin Howe
Civil unions and common-law marriages are two alternatives to traditional marriage. The term common-law marriage is often misused and misunderstood. In actuality, a common-law marriage is a marriage without a marriage license or ceremony, achieved by an agreement to be married, living together as spouses, and presenting as a married couple to society. Civil unions, on the other hand, are legally recognized partnerships that provide similar rights and protections as marriage under state law, but they are not recognized at the federal level. While civil unions were originally created for same-sex couples, they are now an option for both same-sex and heterosexual couples. Understanding the differences between these types of unions is important for couples considering alternatives to traditional marriage, as the legal rights and protections vary depending on the type of union and the state in which they reside.
| Characteristics | Values |
|---|---|
| Recognition | Common-law marriage is not recognised in all states and countries. It is recognised in Colorado, Iowa, Kansas, Montana, South Carolina, Texas, Utah, Rhode Island, and the District of Columbia. In Canada, common-law couples are not legally considered married, but may be defined as "unmarried spouses" and treated as such for tax and financial purposes. Common-law marriage does not exist in Scotland, Ireland, Kuwait, or Israel. In the UK, it is not legally recognised, but a couple may be considered in a "civil partnership". |
| Legal standing | Common-law marriage is considered to have the same legal standing as a formal marriage, and thus the same benefits, including state-level benefits, Social Security survivor benefits, and the ability to file joint federal tax returns. |
| Dissolution | Common-law marriage can only be dissolved through divorce. |
| Procedure | Common-law marriage does not require a marriage license or ceremony. |
| Rights | Common-law marriage does not confer the same rights as a civil partnership or marriage in some countries, for example, in England and Wales, common-law marriage does not confer rights or obligations on cohabiting couples. |
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What You'll Learn
Common law marriage recognition varies by state
Common law marriage recognition varies significantly across US states. 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.
The recognition of common law marriages differs between states. For example, in Texas, if no legal proceedings are started within two years of separation, the law will consider that a common-law marriage did not exist. In Utah, a petition for an "unsolemnized marriage" must be filed while still in the relationship or within a year of separation.
The term "common-law marriage" is often misused and misunderstood in the United States. It is sometimes used to describe any cohabitating couple or those living together for more than seven years. However, a common-law marriage is achieved through an agreement to be married, living together as spouses, and publicly presenting as a married couple without obtaining a marriage license or ceremony.
While some states have stopped recognising common-law marriages, they may still acknowledge such marriages if they began before a certain date or for a specific purpose. For example, Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania recognise common-law marriages created before January 1, 2017, January 1, 1968, January 1, 1997, January 1, 1958, October 10, 1991, and January 1, 2005, respectively.
It is important to note that all states must recognise common-law marriages formed in other states. Under the United States Constitution's full faith and credit clause, states without common-law marriage recognition must still respect marriages from common-law marriage states. However, this only applies if the couple met the requirements of a common-law marriage in a state that permits it.
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Civil unions are legally recognised partnerships
Civil unions differ from traditional marriages in that they are not recognised at a federal level. Couples in a civil union may find they don't have the same protections if they move to a state that doesn't recognise their union. They must file taxes individually and may not be entitled to certain federal benefits.
Civil unions are also distinct from common-law marriages, which are marriages that take legal effect without the prerequisites of a marriage license or ceremony. Common-law marriages are often confused with cohabitation or other legally formalized relationships. While the term "common-law marriage" is often used to describe cohabitating couples, these relationships are not legally recognised as marriages.
In some countries, such as Kuwait, Ireland, and the UK, common-law marriages are not legally recognised at all. In Scotland, common-law marriage was abolished in 2006, although irregular marriages established before this date are still recognised. In the US, common-law marriages are only recognised in a handful of states, and even then, they may not be recognised in all settings.
Overall, civil unions and common-law marriages are both legally recognised partnerships, but they differ in terms of the level of recognition and the rights and protections they afford to couples.
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Common law marriage does not require a license
Common law marriage is a legally recognised union between two people who have not purchased a marriage license or participated in a marriage ceremony. Common law marriage is permitted in several US states, including Colorado, Iowa, Kansas, Montana, South Carolina, Texas, Utah, and Rhode Island. While the specific requirements vary by state, common elements include cohabitation, holding themselves out as a married couple to their community, joint finances, and not being married to anyone else.
In contrast, a civil union is a legal status similar to marriage that offers many of the same protections and rights, including making healthcare decisions on behalf of one's spouse. Civil unions were originally created to provide same-sex couples with the same legal protections as married couples. While civil unions are not recognised at the federal level in the US, they are currently recognised in Colorado, Hawaii, Illinois, and New Jersey. Couples seeking a civil union must apply for a license, similar to a traditional marriage.
One key difference between common law marriage and civil union is the requirement for a license. Common law marriage does not require a license, whereas a civil union does. This means that common law marriages can be formed without any official documentation or registration, as long as the couple meets the requirements set by the state. This flexibility allows couples who cannot or choose not to obtain a marriage license to still have their union legally recognised.
The lack of a license requirement in common law marriage also has implications for dissolution. Both common law marriages and civil unions are legally valid, and therefore require official divorce proceedings to be dissolved. However, the absence of a license or official registration in common law marriage can complicate the process of proving the existence of the marriage, especially if there is a dispute. In such cases, other documents such as lease agreements, tax returns, and insurance policies may be necessary to establish the validity of the common law marriage.
While common law marriage does not require a license, it is important to note that not all states recognise it. Additionally, the requirements to establish a common law marriage can vary across states. Therefore, couples considering a common law marriage should familiarise themselves with the specific laws and requirements of their state. Consulting with a family law attorney can help ensure that couples understand their rights and obligations under common law marriage in their particular state.
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Civil unions do not have all the same rights as marriage
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 Vermont in 2000 to connote a status equivalent to marriage for same-sex couples. In 2015, when same-sex marriage was legalized across the United States, many couples' civil unions were converted to marriages, but some chose to retain their civil union status. Civil unions are not recognized by the federal government and are only recognized at the state level, which means they do not offer certain federal protections and benefits. For example, the Social Security Administration (SSA) guarantees benefits to married couples but not to partners in a civil union. Additionally, spouses in a civil union must file taxes individually, and some federal benefits, such as veterans' benefits, may not extend to the spouse in a civil union.
Civil unions also differ from traditional marriage in terms of international recognition status, age requirements, and dissolution procedures. While civil unions provide many of the same protections as marriage, such as inheritance rights, employment benefits, and bereavement rights, they are not considered a replacement for marriage by many in the LGBT community. Critics argue that civil unions exclude same-sex couples from the right to marry and force them to use a separate institution, perpetuating "separate but equal" treatment.
In the United States, only four states currently permit civil union status: Colorado, Hawaii, Illinois, and New Jersey. While civil unions do not have all the same rights and protections as marriage, they offer an alternative for couples who do not want to be recognized federally as married due to tax purposes or other reasons. Additionally, some couples may prefer the process of obtaining a civil union, which requires applying for a license, similar to a traditional marriage.
In conclusion, civil unions and marriages differ in their legal recognition, benefits, and protections. Civil unions are not recognized federally and may not provide the same protections across different states, whereas marriages are respected state-to-state and offer a host of reciprocal obligations, rights, and protections. Couples considering a civil union should carefully review the specific rights and benefits afforded by their state to understand the implications of their choice.
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Common law marriage is not recognised in the UK
Common-law marriage is a concept that refers to a marriage-like relationship between two people who live together for a certain period of time but without actually getting married or registering their partnership formally. While this type of arrangement is recognised in some countries, it is not recognised in the UK. This means that cohabiting couples in the UK do not have the same legal rights and protections as married or civilly partnered couples.
In England and Wales, the term "common-law marriage" is sometimes used to describe unmarried, cohabiting heterosexual couples. However, this is merely a social usage that does not confer any legal rights or obligations on the couple. Unmarried partners in the UK are recognised for certain purposes in legislation, such as means-tested benefits, but in many areas of the law, they do not have special rights. For example, when a cohabiting relationship ends, ownership of any assets is decided by property law, and courts do not have the discretion to reallocate assets as they would in a divorce.
It is worth noting that a 2008 poll in the UK found that 51% of respondents incorrectly believed that cohabitants had the same rights as married couples. This highlights the importance of understanding the legal differences between common-law and legal marriages in the UK. While unmarried couples can formalise certain aspects of their status through legal agreements, such as cohabitation contracts or living together agreements, these do not carry the same weight as a legal marriage or civil partnership.
In Scotland, common-law marriage does not exist, although there was a type of irregular marriage called 'marriage by cohabitation with habit and repute' which applied to couples in special circumstances until 2006. Similarly, Ireland does not recognise common-law marriage, but previously had a Civil Partnership and Certain Rights and Obligations of Cohabitants Act, which gave some rights to unmarried cohabitants.
Overall, while common-law marriage may be recognised in some countries, it is not recognised in the UK, and cohabiting couples do not have the same legal rights and protections as married or civilly partnered couples.
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Frequently asked questions
A common-law marriage is a marriage that is considered valid by both partners but is not formally recorded with a state or religious registry or celebrated in a formal civil or religious service. Common-law marriages are achieved through 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.
A civil union is a legally recognized partnership between two individuals that provides many of the same legal obligations, protections, and benefits as marriage under state law. Civil unions were originally created to offer the same legal protections that married couples have to same-sex couples.
No, common-law marriage is not the same as a civil union. While both are legally recognized in some states, they differ in the level of recognition and the rights and protections they offer. Common-law marriages are considered to have the same legal standing as a formal marriage, while civil unions are not recognized at a federal level and may not be recognized in all states.
