When we think of getting married, the image of a formal wedding ceremony followed by a trip to the courthouse to obtain a marriage license often comes to mind. However, there’s another form of marriage that exists in some jurisdictions – common law marriage. This type of marriage has a long – standing history and a unique set of rules that distinguish it from traditional, ceremonial marriages.
What Exactly is Common Law Marriage?
Common law marriage is a marital relationship that is recognized without the need for a formal marriage ceremony or a marriage license in certain areas. In essence, it’s a union formed by a couple’s mutual agreement to be married and their subsequent cohabitation, along with a reputation in the community as being married. For example, in some states in the United States, if a couple lives together for a certain period, holds themselves out as husband and wife (such as using the same last name, introducing each other as spouses), and has the intention to be married, they may be considered married under common law.
The concept has roots that trace back to medieval Europe. In the early days, before formal marriage laws and regulations became widespread, many couples simply declared their intention to be together as husband and wife and started living their lives as such. This was especially common in rural or frontier areas where access to clergy or civil authorities to perform a formal marriage ceremony was limited. As European settlers migrated to North America, they brought the idea of common law marriage with them, and it became an established practice in the early American colonies.
Key Characteristics of Common Law Marriage
Absence of a Formal Ceremony
One of the most defining features of common law marriage is the lack of a traditional wedding ceremony. There’s no need for a grand church wedding or a civil ceremony presided over by a judge or a justice of the peace. Instead, the relationship is based on the couple’s mutual understanding and their actions. This can be appealing to some couples who prefer a more private or informal approach to starting their married life.
Meeting Certain Requirements
For a common law marriage to be recognized, certain conditions must be met. Usually, both parties must be of legal age to marry. In most places, this means the man must be at least 18 years old, and the woman must also be 18 or the age of majority as defined by local law. Additionally, both individuals must be legally able to marry, which means they can’t be already married to someone else (bigamy is illegal). They must also have the intent to be married. This intention can be demonstrated through their actions, such as referring to each other as husband and wife, filing joint tax returns, or making joint decisions about property and finances.
Community Reputation
The couple’s reputation within the community plays a crucial role. People in the neighborhood, workplace, or social circles must perceive them as being married. This could be evident in how they are introduced at social gatherings, how they interact in public, and how they are addressed by others. For instance, if neighbors always refer to them as Mr. and Mrs. [Last Name] and are under the impression that they are a married couple, this can contribute to the establishment of a common law marriage.
How Common Law Marriage Differs from Traditional Marriage
In a traditional marriage, there is a formal legal process. Couples typically obtain a marriage license from the local government office, which involves providing identification, paying a fee, and sometimes meeting certain residency requirements. Then, they have a marriage ceremony, which can be religious or civil, where they exchange vows in the presence of witnesses. After the ceremony, the marriage is registered, and a marriage certificate is issued, which serves as an official legal document proving their union.
In contrast, common law marriage skips the license – obtaining and formal ceremony steps. The relationship is recognized based on the couple’s actions and reputation. However, once a common law marriage is established, it generally has the same legal consequences as a traditional marriage. This means that in case of divorce or separation, issues such as property division, spousal support, and child custody are handled in a similar manner to those of a ceremonially – married couple.
Implications of Common Law Marriage in Modern Society
In modern times, common law marriage still holds significance. For some couples, it provides a more flexible and less formal way to enter into a committed relationship. It can be an option for those who may not want the financial or social pressures associated with a traditional wedding. However, it also comes with potential risks. Since there is no formal marriage certificate, proving the existence of a common law marriage in case of disputes, such as in property division during a separation or inheritance claims, can be challenging. Couples in a common law marriage should be aware of the legal implications and may consider consulting a legal professional to understand their rights and responsibilities fully.
