Cecily Zamora
Common-law marriage is a legally recognised marriage without a ceremony or certification. It is only valid in a few US states, and requirements vary between jurisdictions. Generally, both partners must be at least 18 years old, not already married, and must live together for a \significant\ period, behaving as a married couple in the eyes of their community. While the age of marriage is typically 18, some US states allow exceptions for minors with parental consent. However, marriage laws are complex and vary across the world, with different requirements for common-law marriages in different regions.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized | Alabama (abolished in 2017), Colorado, Texas, Utah, District of Columbia, and nine other U.S. jurisdictions |
| Minimum age requirements | 18 years old in most U.S. states, 16 years old in Utah, 15-21 years old in other states |
| Capacity to marry | Not already married, of sound mind, not closely related |
| Cohabitation | Living together for a “significant” period, generally the longer the better |
| Intent | Both partners must intend to be married and behave as a married couple |
| Proof of marriage | Legal documents, testimony from friends and family, evidence of cohabitation and financial support |
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What You'll Learn
Common-law marriage requirements vary by state
Common-law marriage, which traces its roots to old English law, is not a nationwide thing. It exists in only a small number of states in the US. Common-law marriage is a legal marriage, but it is informal. This means that the married couple never had a formal wedding ceremony and never obtained a marriage license or marriage certificate. In states that allow common-law marriage, couples in a common-law marriage have the same rights as a married couple who went through a formal marriage process.
The requirements to contract a valid common-law marriage differ between jurisdictions. While there is no statutory requirement for the length of time a couple needs to live together, generally, the longer a couple lives together, the stronger their case is for common-law marriage. Both partners must have the legal capacity to marry, which usually means they must be at least 18 years old and of sound mind. They also can't already be married to other people.
In Utah, for example, the relationship will only be recognized if it has been validated by a court or administrative order. The couple must be of legal age and capable of giving consent, and they must be legally capable of entering a solemnized marriage. They must have cohabited, assumed marital rights and duties, and held themselves out as husband and wife.
In Texas, both parties must be at least 18 years old to enter into a common-law marriage. The couple can file a legal "Declaration of Informal Marriage", which is a legally binding document. The form must be completed by both marriage partners and sworn or affirmed in the presence of the County Clerk.
In the District of Columbia, a common-law marriage exists if the two persons are legally free to marry, if it is the intent of the two persons to establish a marriage, and if the two are known to the community as husband and wife.
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The legal age for marriage
The age requirements for marriage vary depending on the jurisdiction and the type of marriage being considered. In the majority of jurisdictions, the marriageable age as a right is set at the age of majority, which is typically 18 years old. However, most jurisdictions allow marriage at a younger age with parental or judicial consent, especially if the female partner is pregnant. In some indigenous cultures, people marry at 15 years old, which is considered the age of sexual maturity.
Historically, the minimum age requirements for marriage were much lower. For example, in medieval Eastern Europe, the average age of marriage was between 13 and 15 years old for women and 15 years old for men. In England, common law during this period set the age of consent for sex at 10 or 12 years old, and the marriageable age for females was 12 years old and 14 years old for males.
In the United States, the minimum age for marriage varies by state, ranging from 15 to 21 years old. Some states, like California, Nevada, Texas, Alabama, and Utah, have specific laws and requirements for common-law marriages, which can include a minimum age of 16 or 18 years old. However, common-law marriages are not recognized in all states, and the requirements to contract a valid common-law marriage differ between jurisdictions.
While the legal age for marriage has increased in many jurisdictions, there are still concerns about child marriage in certain communities. Studies have shown that marriage as a minor is more common among Hispanic women, low-income women, women from the Southern U.S., and people from Mormon and conservative Protestant religious backgrounds. Pregnancy and the desire to avoid stigma associated with premarital sex can also influence the decision to marry at a young age.
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Marriage by cohabitation
To establish a common-law marriage, couples must meet certain requirements, which may vary by state. These typically include:
- Cohabitation: Living together for a “significant” period, although there is no statutory requirement for the length of time. Generally, the longer the better.
- Legal capacity to marry: Both partners must be of legal age (usually 18 or older) and have the mental capacity to consent.
- Intent to be married: Both partners must intend to be married and hold themselves out as a married couple to friends, family, and the public.
- Not already married: Neither partner should be currently married to someone else.
It is important to note that common-law marriage is not a way to bypass the legal age of marriage. The legal age of marriage in most jurisdictions is set at the age of majority (typically 18), although some allow marriage at a younger age with parental or judicial consent, especially if the female partner is pregnant. In the US, the minimum age varies by state, with some allowing exceptions for minors as young as 15 years old with parental consent.
Establishing a common-law marriage can be complex and may require legal documentation or a court order. Ending a common-law marriage also requires a traditional divorce process, as there is no concept of "common-law divorce".
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Common-law marriage in other countries
Common-law marriage, also known as non-ceremonial marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a marriage that results from the parties' agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process. Not all jurisdictions permit common-law marriage, but they will typically respect the validity of such marriages lawfully entered into in other states or countries.
In medieval Europe, marriage came under the jurisdiction of canon law, which recognised as valid marriages in which the parties stated that they took one another as wife and husband, even in the absence of any witnesses. The Catholic Church forbade clandestine marriage at the Fourth Lateran Council (1215), requiring all marriages to be announced in a church by a priest. England abolished clandestine or common-law marriages in the Marriage Act of 1753, which did not apply to Scotland, Britain's overseas colonies of the time, or what are now the United States and Canada.
In the United States, common-law marriage is a form of irregular marriage that survives only in seven states and the District of Columbia, along with some provisions of military law, and two other states that recognise domestic common-law marriage after the fact for limited purposes. These states include Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, Texas, Utah, Alabama, Georgia, Idaho, Ohio, and Pennsylvania. Many Aboriginal nations, such as the Navajo Nation, also permit common-law marriage or its historic tribal equivalent.
In Canada, while some provinces may extend to couples in marriage-like relationships many of the rights and responsibilities of a marriage, they are not legally considered married. They may be legally defined as "unmarried spouses" and treated the same as married spouses for many purposes, such as taxes and financial claims.
In Kuwait, common-law marriage has limited recognition in the case of expatriate familial disputes, such as maintenance payments and child support dues. However, intercourse outside of marriage is illegal in Kuwait, so such recognition can only apply in exceptional cases.
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Proving a common-law marriage
Common-law marriage, also known as marriage without formalities or an informal marriage, is a valid and recognised way for a couple to marry in only some states. Common-law marriage has existed in the United States since colonial times, but states have slowly stopped using it. As of 2019, common-law marriage is fully recognised in seven states and the District of Columbia. These states have their own rules about what you need to do to have a common-law marriage.
To qualify for a common-law marriage, you'll need to satisfy the general marriage requirements in your state. For example, in most states, both spouses must be at least 18 years old (or sometimes younger with parental consent) and have the mental capacity to understand the commitment and consequences of marriage.
- Providing certain legal documents, such as an affidavit or property deed. An affidavit is a written statement in which you swear under oath that what you are saying is true.
- Documents such as lease agreements, tax returns, and insurance policies may also be requested to prove a common-law marriage.
- If there is a dispute about whether a common-law marriage existed, it may be necessary to go to court to prove the marriage.
- In Texas, a common-law marriage may be proved by evidence that the couple lived together in Texas as husband and wife and "represented to others" that they were married.
If your partner dies before you establish a common-law marriage, you must show evidence to prove your common-law marriage to inherit property or receive benefits.
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Frequently asked questions
The minimum age for a common-law marriage is typically 18 years old, as both parties must have the legal right or "capacity" to marry. This means that they must be of sound mind and not already married to other people.
Yes, in some states, the minimum age for marriage is lower than 18 with parental consent. For example, in Missouri, the minimum age is 18, but 16-year-olds can marry with parental consent. However, some states, such as Connecticut and Delaware, do not allow exceptions to the minimum marriage age of 18.
No, there is no maximum age for a common-law marriage. As long as both parties are of sound mind and meet the other requirements for common-law marriage, there is no upper age limit.
