Marriage Laws- Legal Marriage- Matrimonial Laws

A basic idea about Common law marriages

Common law marriages are permitted in a few states. As you must already be aware of, there are two kinds of marriages: statutory and common law. A legal marriage that is entered into under a state of law requires a marriage license and an exchange of vows before witnesses. Many people think that common law marriages mean living together; but that is far from fact. This article provides a few little-known facts about common law marriages.

Common marriage laws state that a marriage of the category can be considered valid only if the following points are met:

• Both the partners are at least of the minimum age required for a legal marriage.
• Both the partners hold themselves out to the public as husband and wife.
• Live together or cohabit for a certain period of time.
• The couple meets these requirements in a state where common law marriages are recognized.

State marriage law requires a proof that the couple has cohabited for a certain period of time. This time period may vary from state to state. But it will be wrong to suppose that cohabitation is the only requirement here. Some states do not have a set requirement for cohabitation. It is a good idea to check with an attorney.

“Holding out” is another important requirement that will prove the validity of a common law marriage. It requires oral testimony from the couple concerned that their community, friends and employers knew them as husband and wife; oral testimony from witnesses stating that they considered the couple as husband and wife and financial statements such as bank records, property deeds, income tax returns, leases, loan applications and other financial records that identify the couple as husband and wife.

Though most states in the United States of America have abolished common law marriages that were not created inside its borders under the Civil Marriage Law, it is a form of marriage that is recognized in states such as Alabama, Kansas, Montana, Colorado, Iowa, Rhode Island, Texas, South Carolina, and the District of Columbia. States such as Georgia, Idaho, Ohio, New Hampshire, Pennsylvania, Oklahoma, and Utah recognize this form of marriage under certain circumstances. For people who are contemplating this form of marriage, it would be a good idea to consult an attorney to know more. Full Faith and Credit Clause of the United States Constitution requires that all states validate and recognize common law marriages that were created in another state even of they themselves have abolished them.

There are various reason why more and more people are considering common law marriages instead of a simple live-together. Following are the most important:

• The right to worker’s compensation, death benefits, survivor Social Security benefits and survivor pension benefits.
• Right to the property that had been leased to a deceased partner.
• Right to share of property of deceased partner.

Common law marriage laws have become important in the law field because of the increasing number of people considering it.