Common Law Marriage
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Also known as non ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, or marriage by habit and repute, common law marriage is a legal framework where a couple may be considered married even without having a formal marriage ceremony or obtain a marriage certificate if they have met certain requirements to establish that they are married. These requirements vary by jurisdiction, but they typically include:
Cohabitation
The couple must live together as if they were married. This means sharing a home, combining finances, and presenting themselves as a married couple to family and friends.
Intent to be married
The couple must have a mutual intent to be married. This means that they both intend to be married to each other and believe that they are married.
Holding out
The couple must hold themselves out as married. This means that they must present themselves to others as a married couple. For example, they might introduce each other as "my husband" or "my wife," or file joint tax returns.
If these requirements are met, the couple will be considered legally married, even if they did not have a formal wedding ceremony or obtain a marriage license. However, it is important to note that not all states recognise common law marriage, and the requirements for establishing a common law marriage can vary widely between jurisdictions.
Cohabitation
The couple must live together as if they were married. This means sharing a home, combining finances, and presenting themselves as a married couple to family and friends.
Intent to be married
The couple must have a mutual intent to be married. This means that they both intend to be married to each other and believe that they are married.
Holding out
The couple must hold themselves out as married. This means that they must present themselves to others as a married couple. For example, they might introduce each other as "my husband" or "my wife," or file joint tax returns.
If these requirements are met, the couple will be considered legally married, even if they did not have a formal wedding ceremony or obtain a marriage license. However, it is important to note that not all states recognise common law marriage, and the requirements for establishing a common law marriage can vary widely between jurisdictions.