Cameron Miranda
In the United States, common-law marriage is a type of marriage in which two individuals live together and present themselves as married without having a formal marriage ceremony or obtaining a marriage license. In Utah, common-law marriage is not recognized by the state, however, couples can ask for judicial recognition of their relationship as a marriage. This means that the court will determine the validity of such a marriage within one year following the termination of the relationship. If the court approves the petition, the validity of the marriage will be backdated to when the relationship began.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | No, but couples can ask for judicial recognition of their relationship as a marriage |
| Requirements for recognition | The couple must have a declaration of marriage signed by a representative of a religious organization and meet specific requirements related to cohabitation, mutual consent, and holding out |
| Benefits of recognition | Flexibility, legal recognition, property and inheritance rights |
| Drawbacks of recognition | Lack of legal protections, financial consequences |
| Time limits for filing | File a petition to recognize the relationship while it's still running or within a year after it ends |
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What You'll Learn
Utah does not recognise common-law marriage
Another requirement for the court to recognise a marriage is that the couple has “acquired a uniform and general reputation as husband and wife”. In Hansen v. Hansen, the court found that there was no marriage because the couple's closest friends did not consider them married, and the couple did not consistently present themselves as married to the rest of the world.
Couples who want a traditional marriage must apply for a license and complete a wedding ceremony, which may be officiated by a judge, preacher, or other qualified person. Once the ceremony is complete, the spouses are legally married and entitled to marital benefits, including marital tax deductions, Social Security spousal benefits, inheritance rights, and the right to apply for immigration status for a foreign-born spouse.
While Utah does not recognise common-law marriage, it does recognise "common-law marriage by declaration of a representative of a religious organisation" under certain conditions. This means that common law marriage is only recognised if the couple has a declaration of marriage signed by a representative of a religious organisation, and the couple must also meet specific requirements related to cohabitation, mutual consent, and holding out.
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Couples can ask for judicial recognition of their relationship as a marriage
While Utah does not have common-law marriages, couples can ask for judicial recognition of their relationship as a marriage. This means that the court can declare a couple legally married if certain requirements are met, even if they never had a marriage ceremony. This process is also known as a "judicially recognized marriage" or a "common-law marriage".
To obtain judicial recognition of their relationship as a marriage, couples must file a petition with their local county court. Either partner can initiate the process by filing the paperwork, but both parties must consent to the marriage. The petitioner must prove that both partners are of legal age and capable of entering into a marriage. They must also demonstrate that they have presented themselves as a married couple to the public in a way that led others to believe they were married. This can be established through various forms of evidence, such as joint banking and credit accounts, jointly owned property, the use of the same surname, filing taxes jointly, and referring to each other as spouses in important documents or in conversation with others.
If the court approves the petition, the couple will be considered legally married from the date all the conditions were met, effectively backdating the marriage. This process can be more costly and time-consuming than a traditional marriage ceremony, so some couples who could receive judicial recognition choose to go through the ceremony instead.
It is important to note that most claims of common-law marriages in Utah fail due to the high burden of proof required. Additionally, there are time limits for filing a petition for judicial recognition. The paperwork must be filed within one year after the relationship ends, either through separation or the death of one or both partners.
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Common-law marriage is governed by a statute in Utah
Although Utah does not recognize common-law marriages, it does allow couples to ask the court to recognize their past relationship as a marriage. This is known as a "judicially recognized marriage" and is governed by the terms of Utah Code Ann. §30-1-4.5.
To obtain a judicially recognized marriage, a couple must file a formal, written request, called a "petition to recognize a relationship as a marriage", at their local court. This petition must be filed either during the relationship or within one year of its end. The petitioner must prove that the marriage arose out of an agreement and that the two:
- Are of legal age and capable of giving consent
- Are legally capable of entering into a solemnized marriage (you cannot marry someone you are closely related to)
- Have lived together
- Treat each other as though they are married
- Present themselves to the public so that other people believe they are married
If a judge grants the request, the couple will be legally married and entitled to marital benefits, including marital tax deductions, Social Security spousal benefits, inheritance rights, and the right to apply for immigration status for a foreign-born spouse.
It is important to note that the process of obtaining a judicially recognized marriage can be costly and time-consuming, and most claims of common-law marriage in Utah fail due to the high burden of proof.
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The burden of proving a common-law marriage is high
While Utah does not have common-law marriage, it allows couples to ask the court to recognize their relationship as a marriage even without a marriage ceremony. The burden of proving a common-law marriage is high, and most claims in Utah fail. To prove a common-law marriage, the petitioner must show that the marriage is an agreement between partners who are legally capable of entering a solemnized marriage. The petitioner must also prove that both parties consented or agreed to be married. Witnesses who can testify that they were present when the agreement to assume marital responsibilities was made may help to prove consent.
In addition, the couple must establish that they have acquired a uniform and general reputation as a married couple. For example, in Hansen v. Hansen, the court found that there was no common-law marriage because the couple's closest friends did not consider them married, and the couple did not consistently hold themselves out as married to the rest of the world.
Other evidence that may help to prove a common-law marriage includes an agreement or other official document signed by both partners declaring their intention to marry, lease agreements, tax returns, and insurance policies. Same-sex couples may have a harder time gathering the necessary evidence, as they did not previously have the option to file joint tax returns or list their partner as their spouse on many official documents.
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Common-law marriage offers flexibility and legal recognition
Common-law marriage, also known as informal marriage, is a type of marriage that is recognized in some states in the United States. It is a legal framework in which a couple that has lived together for a certain period and presents themselves as married are considered legally married, even without a marriage license or ceremony.
Utah does not have common-law marriage. However, couples can ask the court to recognize their relationship as a marriage, and if approved, the partners are considered to have been married since meeting the requirements. The petitioner must prove consent and show that the marriage comes from an agreement between partners who are legally capable of entering a solemnized marriage.
Common-law marriage in Utah is recognized only if the couple has a declaration of marriage signed by a representative of a religious organization, along with meeting specific requirements related to cohabitation, mutual consent, and holding out. While it offers flexibility and legal recognition, there are drawbacks related to a lack of legal protections and financial consequences.
The advantages of common-law marriage include flexibility for couples who may not want a formal ceremony or may not have access to a marriage license due to legal or cultural barriers. It also provides legal recognition for couples who may face discrimination based on their sex, race, religion, or sexual orientation. Common-law spouses have the same property and inheritance rights as any other married couple in Utah.
The burden of proving a common-law marriage is high, and most claims in Utah fail. For example, in Hansen v. Hansen, the trial court found that there was no marriage because the couple's friends did not believe they were married, and the couple did not consistently present themselves as married to the rest of the world.
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Frequently asked questions
Utah does not recognize common-law marriages. However, couples can ask for judicial recognition of their relationship as a marriage.
The couple must have a declaration of marriage signed by a representative of a religious organization, and they must meet specific requirements related to cohabitation, mutual consent, and holding out. The couple must also have acquired a uniform and general reputation as husband and wife.
Common-law marriage in Utah offers flexibility for couples who may not want a formal ceremony or may not have access to a marriage license due to legal or cultural barriers. It also provides legal recognition for couples who may face discrimination based on their sex, race, religion, or sexual orientation. Common-law spouses have the same property and inheritance rights as any other married couple in Utah.
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