Anaya Nolan
In Missouri, common-law marriage is not recognised by state law. This means that couples living together, no matter for how long, are not considered to be married in the eyes of the law unless they have obtained a marriage license and had their union solemnised by an authorised figure, such as a judge or religious leader. Missouri does, however, recognise common-law marriages that have been established in other states. For cohabiting couples in Missouri, there are no distinct property rights, and issues such as child support and custody are treated similarly to married couples.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized | No |
| Same-sex marriage recognized | No |
| Marriage license required | Yes |
| Marriage solemnization required | Yes |
| Cohabitation agreement | Recommended |
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What You'll Learn
- Missouri does not recognise common-law marriages
- Common-law marriages formed in other states may be recognised
- Cohabiting couples do not have the same rights as married couples
- Cohabitation agreements can protect the rights of each individual
- Common-law marriage is a legal framework for couples to be considered married without a license or ceremony
Missouri does not recognise common-law marriages
Missouri law requires anyone wanting to get married to obtain a marriage license. The marriage must then be solemnized by a person authorized by law to do so, such as a judge or a person authorized to perform marriages in a religious tradition. Missouri does not recognize common-law marriages formed within the state. This means that no matter how long a couple has lived together or whether they refer to each other as husband and wife, they are not legally married in the eyes of Missouri law unless they go through the formal process.
Missouri state law specifically declares all common-law marriages to be "null and void". This means that couples in Missouri cannot claim the benefits of marriage without going through the formal processes established by law. For example, in the event of a breakup, a couple with a common-law marriage would not have the same rights as a married couple regarding property division or financial support.
It is important to note that while Missouri does not recognize common-law marriages formed within the state, it will recognize a common-law marriage that was validly established in another state. If you have a common-law marriage recognized by another state, Missouri will recognize it as a valid marriage. This is an important exception to the general rule that Missouri does not recognize common-law marriages.
The lack of recognition of common-law marriages in Missouri can have significant legal consequences for couples who assume they have the same rights as a married couple. For example, in the event of a breakup, a couple with a common-law marriage would not have the same property rights as a married couple. Instead, property rights in Missouri are based on ownership, with property either being jointly owned by both individuals or owned by one individual who shares it with the other.
To protect their rights, couples in Missouri who are cohabiting without a legal marriage may consider creating a cohabitation agreement. This is a document that can outline each person's rights and protect them in the event of a breakup. An experienced family lawyer can help couples understand their legal rights and options in Missouri.
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Common-law marriages formed in other states may be recognised
Missouri does not recognize common-law marriages formed within the state. The state requires anyone wanting to get married to obtain a marriage license and have their marriage "solemnized by a person authorized by law to solemnize marriages." This is usually a judge or a member of the clergy. Missouri law also does not recognize any distinct property rights between unmarried individuals.
However, common-law marriages formed in other states may be recognized in Missouri. If a couple has a common-law marriage that is recognized by another state, Missouri will recognize it as a valid marriage. It is important to note that Missouri does not recognize same-sex marriages, even if the marriage was established in a state where it is legal.
While Missouri does not recognize common-law marriages formed within the state, there are still legal considerations for cohabiting couples. For example, Missouri law treats issues like child support and child custody the same for married couples and cohabiting couples. Additionally, it may be possible for a person to recover compensation after the end of a cohabiting relationship based on their financial contributions or the value of their labor.
To protect their rights, cohabiting couples in Missouri may consider creating a "cohabitation agreement." This document can help outline each person's rights and protect them in the event of a breakup. Consulting an experienced family lawyer can help individuals understand their legal rights and options in Missouri.
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Cohabiting couples do not have the same rights as married couples
Missouri law does not recognize common-law marriages formed within the state. Cohabiting couples do not have the same rights as married couples. Missouri law has little to say about the property rights of cohabiting couples. There is no distinction between marital property and separate property in Missouri because there is no marriage. Instead, property might be jointly owned by both individuals or owned by one individual who shares it with the other. Missouri also does not allow "palimony" cases, which refer to lawsuits to obtain financial support after the end of a non-marital relationship.
Missouri requires anyone wanting to get married to obtain a marriage license. They must then have their marriage “solemnized by a person authorized by law to solemnize marriages,” such as a judge or a person authorized to perform marriages in a religious tradition. Same-sex marriages are unconstitutional in Missouri and are not valid under Missouri law even if the parties were married in a state that does allow same-sex marriage.
In the event of a divorce, courts determine how property is divided by looking at the source of funds and other factors. The general rule is that any income or assets generated during a marriage are marital property and subject to an approximate 50% net division at the time of divorce. When you marry, each spouse becomes the heir of the other, and any children they have together also become heirs. Having a will is essential, even if you don’t have much property, to ensure your wishes are carried out.
If a couple ends their relationship after living together, there is often a discrepancy over who leaves with what and how custody of children and pets will be handled. A "cohabitation agreement" may be necessary to protect each person’s rights before moving in with an unmarried partner. This can help ensure both partners are protected in the event of a breakup. An experienced family lawyer can help clarify legal rights and obligations.
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Cohabitation agreements can protect the rights of each individual
In Missouri, common-law marriages are considered "null and void". The state requires anyone intending to get married to obtain a marriage license and have their marriage "solemnized by a person authorized by law". However, for cohabiting couples in Missouri, there is little distinction between marital and separate property, and the law does not recognize any distinct property rights for unmarried individuals. This can lead to complications when it comes to property division and financial arrangements in the event of a breakup.
To protect the rights of each individual in a cohabiting relationship in Missouri, a "cohabitation agreement" can be established. This is a legal contract between unmarried partners that outlines the management of financial responsibilities and property division in case of separation or death. Similar to prenuptial agreements, these contracts are particularly important for couples with shared assets, children, or financial obligations, as they provide legal protections that marriage laws do not automatically extend to unmarried couples.
Cohabitation agreements can cover a range of issues, including the ownership of assets acquired before or during the relationship, the sharing of income and expenses, the management of financial accounts and insurance policies, and the distribution of assets in the event of death or separation. They can also address issues such as child support, similar to how marriage laws provide guidelines for child custody and support in the case of divorce.
By creating a cohabitation agreement, couples can protect themselves from financial ruin or the loss of promised support. It provides clarity and peace of mind, ensuring that both parties are aware of their expectations and rights within the relationship. Additionally, it can help avoid conflicts by having a pre-established plan for resolving disputes.
It is recommended that couples consult with legal professionals when drafting cohabitation agreements to ensure that their rights are protected and the agreement is enforceable under the specific laws of their state.
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Common-law marriage is a legal framework for couples to be considered married without a license or ceremony
In Missouri, a common-law marriage is not recognised as a legal framework. This means that couples cannot be considered married without a license or ceremony. Missouri law requires anyone wishing to marry to obtain a marriage license and have their union solemnised by an authorised person, typically a judge or religious official. The state explicitly declares all common-law marriages as "null and void".
While some US states recognise common-law marriages, Missouri is not one of them. This means that cohabiting couples in Missouri do not have the same rights as married couples. For example, they do not have the same spousal rights of survivorship in financial accounts, and their property rights are treated differently. Missouri law does not recognise distinct property rights between unmarried individuals, so a "`cohabitation agreement`" may be necessary to protect each person's rights in the event of a breakup.
In terms of children, the rights of cohabiting couples are the same as those of married couples going through a divorce. Both parents, regardless of marital status, have a legal duty to financially support their children. However, there are no legal obligations for parents to support their children financially after they marry.
Missouri also does not recognise "palimony" cases, which refer to lawsuits seeking financial support after the end of a non-marital relationship. However, it may be possible for an individual to recover compensation based on their financial contributions to the relationship or the value of their labour, such as reimbursement for contributions to property that increased its value.
While Missouri does not recognise common-law marriages formed within the state, it may recognise such marriages established in other states. If a common-law marriage is valid in another state, Missouri will generally recognise it as a valid marriage.
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Frequently asked questions
A common-law marriage is a legal framework in which a couple is considered married without having formally registered their union through a marriage license or ceremony.
No, Missouri does not recognize common-law marriages formed within the state. Missouri law specifically declares all common-law marriages to be "null and void".
Yes, if a common-law marriage is valid in another state, it will be recognized as a valid marriage in Missouri.
The requirements for a common-law marriage vary by state but typically include living together for a minimum period of time as spouses and holding themselves out to the public as a married couple.
Cohabiting couples in Missouri do not have the same rights as married couples. For example, there are no distinct property rights for unmarried individuals, and issues of financial support and property division may be more complex in the event of a breakup.
