Cameron Miranda
A common-law marriage, also known as a non-ceremonial marriage, is a legally recognised marriage between two people who have not purchased a marriage license or participated in a formal ceremony. Common-law marriages are recognised in some jurisdictions and are based on the couple's agreement to consider themselves married, cohabitation, and public recognition of the marriage. While the term common-law marriage is often used to describe any cohabitating couple, it has a specific legal meaning in certain jurisdictions. In the United States, common-law marriages are recognised in some states, providing couples with similar rights and benefits as traditionally married spouses. In Canada, while some provinces may grant rights and responsibilities similar to marriage to common-law couples, they are not legally considered married. The recognition of common-law marriages varies internationally, with countries like England and Wales using the term socially to refer to unmarried cohabiting heterosexual couples without conferring legal rights.
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What You'll Learn
Common-law marriage in the US
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that survives only in a handful of U.S. states and the District of Columbia, along with some provisions of military law. Common-law marriage is a legal marriage that is not formally recognized by the state or a religious registry, nor celebrated in a formal civil or religious ceremony. The act of representing themselves to others as being married and organizing their relationship as if they were married, means a couple is married.
The term "common-law marriage" is often misused and misunderstood in the United States. It is sometimes used simply to describe any cohabitating couple or to refer to couples who have lived together for more than seven years. In actuality, common-law marriages historically served as a stop-gap measure for couples to live as husband and wife in isolated rural areas where they had to wait several months for a clergy visit to preside over a ceremony.
To be considered a common-law marriage, couples must meet the requirements in their state. Both parties must be at least 18 years old. First, a 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. The Declaration is then recorded as part of the Official County Records and is forwarded to the Texas Bureau of Vital Statistics as formal evidence of marriage. Second, a couple can meet a three-prong test, showing evidence of an agreement to be married, cohabitation, and holding themselves out to the community as married.
In states that allow common-law marriage, couples in a common-law marriage may have the same rights as a married couple who went through a formal marriage process. Common-law marriages are recognized in Alabama (if created before Jan. 1, 2017), Colorado, Florida (if created before Jan. 1, 1968), Georgia (if created before Jan. 1, 1997), Indiana (if created before Jan. 1, 1958), Iowa, Kansas, Montana, Ohio (if created before Oct. 10, 1991), Oklahoma, Pennsylvania (if created before Jan. 1, 2005), Rhode Island, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage.
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Common-law marriage in the UK
In the UK, common-law marriage is a widely used term to refer to unmarried, cohabiting heterosexual couples. However, it is important to note that this is merely a social usage, and it does not provide any legal rights or obligations associated with a traditional marriage or civil partnership. There is no definitive law surrounding common-law marriages in England and Wales.
Historically, common-law marriages were recognised in England and Wales before the Marriage Act of 1753, also known as the Clandestine Marriages Act, which required marriages to be performed by a priest of the Church of England. After this Act, common-law marriages continued to be recognised in the British colonies, which later became the United States and Canada, and they are still recognised in some form today.
In modern times, the term "common-law marriage" is often misused and misunderstood. While it can refer to any cohabitating couple, it is distinct from a traditional marriage as it does not involve a formal ceremony, marriage license, or marriage certificate. Instead, it is based on the couple's agreement to consider themselves married and their cohabitation for a period, often holding themselves out as married to friends, family, and the community.
In some jurisdictions, common-law marriages are legally recognised, providing couples with similar rights and responsibilities as traditionally married spouses. However, the requirements for establishing a common-law marriage vary across different states and countries. For example, in the United States, common-law marriage is recognised in some states but not in others, and it may have certain restrictions.
In the UK, while there is no legal recognition of common-law marriage, there are other forms of union that provide similar rights and protections as marriage. One example is a civil partnership, which is open to both same-sex and heterosexual couples. These unions offer a legal framework for couples who wish to formalise their relationship without undergoing a traditional marriage.
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Common-law marriage in Canada
The concept of "common-law marriage" is often misunderstood and misused, particularly in the United States. It refers to a legal marriage that is not formally recognised by the state or a religious registry, and does not involve a ceremony. Instead, it is an agreement between two people to consider themselves married, followed by cohabitation. While not all jurisdictions permit common-law marriages, they will generally respect the validity of such marriages lawfully entered into in other states or countries.
In Canada, common-law marriage is recognised in some provinces, which extend to couples in marriage-like relationships many of the rights and responsibilities of a formal marriage. However, these couples are not legally considered married. They may be defined as "unmarried spouses" and treated the same as married spouses for certain purposes, such as taxes and financial claims. The criteria for common-law relationships vary across Canada, with different provinces having their own definitions and requirements. For example, in British Columbia, a couple is considered to be in a common-law relationship if they have lived together in a marriage-like manner for at least two continuous years, or if they have lived together for less than two years but have a child together. In Quebec, a couple is considered common-law for tax purposes after living together for at least two years, and in Saskatchewan, a couple must live together continuously for at least two years to be considered common-law.
It is important to note that there is no legal process for ending a common-law relationship in Canada. To end the relationship, couples typically need to separate, stop living together, and annul their cohabitation agreement if they have one. Additionally, in Quebec, unless a couple is legally married, a spouse will not be entitled to anything in the event of their partner's death. Therefore, it is crucial for common-law couples in Canada to have a will in place.
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Common-law marriage in the Caribbean
Common-law marriage, also known as non-ceremonial marriage, is a marriage that results from an agreement between two individuals to consider themselves married, followed by cohabitation, without a statutorily defined process. It is important to note that not all jurisdictions permit common-law marriage, but they generally respect the validity of such marriages lawfully entered in other states or countries.
Due to their colonial past, the islands of the English-speaking Caribbean have statutes concerning common-law marriage similar to those in England. However, in the Caribbean context, the term "common-law marriage" is also widely used to describe, by custom and law, any long-term relationship between male and female partners. These unions are widespread, constituting a significant percentage of families, many of which have children and may endure for many years.
In Caribbean common-law marriages, individuals choose to live together as a married couple and hold themselves out to the world as such. However, it is important to distinguish these relationships from legal marriages, which are more frequent in Indian-Caribbean families compared to African-Caribbean families. In Jamaica, for example, common-law marriages are recognised after a couple has cohabited for at least five years as if they were married, with limited legal purposes such as property division and inheritance.
While common-law marriages in the Caribbean may not carry the same automatic rights and protections as formal marriages, they are nonetheless recognised in certain contexts, demonstrating the region's acknowledgment of these unions and their unique characteristics.
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Common-law marriage in Colorado
In the United States, common-law marriage has existed since colonial times when America was a colony of England. The Clandestine Marriages Act of 1753 ended common-law marriages in England and Wales, but it did not apply to the American colonies. Common-law marriage is a legal and informal marriage where the couple never had a formal wedding ceremony or obtained a marriage license or certificate.
Colorado is one of the few remaining states that recognize common-law marriage, doing so since 1877. Common-law marriage in Colorado is established when the parties mutually consent to be husband and wife, without the need for a license, ceremony, or documentation. It is important to note that cohabitation as an unmarried couple is not enough to establish a common-law marriage. The first requirement is an agreement to be married, and then both parties act like a married couple. This can be demonstrated through various forms of evidence, such as referring to each other as husband and wife, maintaining joint accounts, registering as a married couple, or sharing the same last name.
If a couple has a valid common-law marriage in Colorado, it is legally binding, and other states must recognize them as married. Common-law spouses have all the legal rights and duties of any married couple, including the division of property and debts during divorce proceedings. To end a common-law marriage, spouses must file for divorce, and the court may examine records to prove the existence of the marriage.
It is important to understand the differences between common-law marriage and other forms of union, such as civil unions, which are also recognized in Colorado. Unlike common-law marriage, civil unions require couples to apply for a license, similar to a traditional marriage, and provide all the same rights and protections, but only on a state level.
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Frequently asked questions
A common-law marriage is a legally recognised marriage between two people who consider themselves married and cohabitate, but who haven't purchased a marriage license or engaged in a ceremony overseen by an officiant.
Common-law marriage is recognised in some form in Canada, the United States, the Caribbean, and certain states in America. In the US, common-law marriage is recognised in seven states and the District of Columbia. Nine states recognise it with some restrictions.
A civil union is a legalised relationship between two people that is very similar to a marriage, but it does not have the same national-level recognition as a common-law marriage. Couples seeking a civil union must apply for a license, unlike a common-law marriage.
