Common Law Marriage

From LawDepot Law Library

Definition of "Common Law Marriage"

Common law marriage is a relationship in which the parties live together and present themselves as husband and wife (in jurisdictions where same-sex marriage is legal, common law marriage may also be permitted among same-sex couples). In some jurisdictions, cohabitating for a certain period of time will automatically constitute a common law marriage.

Common law marriage is similar to cohabitation, in that the couple has not gone through a legally recognized marriage ceremony. However, in jurisdictions where common law marriage exists, the couple will usually have the same or similar rights and benefits as a married couple who has gone through a legally recognized marriage ceremony.

In jurisdictions that permit common law marriage, the couple will generally need to petition the court in order to dissolve the relationship (i.e., they must get a divorce). While the way in which this contract was formed is not typical, the marriage itself is generally treated the same as any other, and it considered a legally binding contract.

"Common Law Marriage" is referred to in the following legal documents:

Common Law Partner Agreement

See also:

Common Law Partner