Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, or marriage by habit and repute, is a legal concept that recognises a marriage between two individuals who have lived together and presented themselves as a married couple for a significant period of time, even though they may not have had a formal marriage ceremony or obtained a marriage certificate.
Common-law marriage is not recognised in all jurisdictions, and the requirements for establishing a common-law marriage can vary. In jurisdictions that recognise common-law marriage, the specific requirements to establish a valid common-law marriage typically include:
Cohabitation: The couple must live together as a married couple. Merely dating or cohabiting without the intent to be married usually does not meet the requirements.
Holding out: The couple must present themselves to the community as married and hold themselves out as husband and wife. This can involve referring to each other as spouses, introducing themselves as married, and filing joint tax returns or joint ownership of property.
Intent: Both individuals must have the intent to be married and mutually agree to enter into a marital relationship. This intent is typically a key factor in establishing a common-law marriage.
It is important to note that some jurisdictions have abolished common-law marriage altogether, while others may have specific time requirements or additional criteria to establish a valid common-law marriage.
You can learn more about this topic and relevant case law with our Family Law notes.
