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Common law marriage
1. Common-law marriage
Common-law marriage (sometimes spelled without a hyphen), and also known as sui juris marriage,
informal marriage or marriage by habit and repute, is an irregular form of marriage that can be legally
contracted in an extremely limited number of jurisdictions.
The original concept of a common-law marriage is a marriage that is considered valid by both partners,
but has not been formally registered with a state or church registry, or a formal religious service. In
effect, the act of the couple representing themselves to others as being married acts as the evidence that
they are married. In jurisdictions recognizing common-law marriages, such a marriage is not legally
distinct from a traditional ceremonial marriage enacted through a civil or religious ceremony in terms
of the couple's rights and obligations to one another.
The term "common-law marriage" is sometimes also used as a synonym for legal agreements including
domestic partnerships, reciprocal beneficiaries relationships and non-marital relationship contracts. In
these cases, two people live together without considering themselves each other's spouses, but do still
create a legal agreement to manage their relationship, obligations to one another or shared assets. In
some cases, such partnerships may be created because the couples do not have the ability to marry one
another legally. "Common-law marriage" is also often used colloquially or by the media to refer to
cohabiting couples, regardless of any rights that these couples may have, which can create public
confusion both in regard to the term and in regard to the rights of unmarried partners. [1]
Non-marital relationship contracts are not necessarily recognized from one jurisdiction to another,
whereas common-law marriages are legally valid marriages worldwide if the parties complied with the
requirements to form a valid marriage while living in a jurisdiction that allows this form of marriage to
be contracted. In some cases, traditional common-law or Sui juris marriages may be recognized as one
of these other interpersonal relationships in foreign jurisdictions, especially if the parties are not able to
prove that they conformed to the requirements to contract a common-law marriage in their home
jurisdiction.[2]
The concept of common-law marriages originates from the common law of the English and American
legal systems. However, registration of a marriage in order for it to be considered legitimate is a
requirement of a large and growing number of jurisdictions.
The term common-law marriage is often used incorrectly to describe various types of domestic
partnerships or to refer to cohabiting couples. Although these interpersonal statuses are often called
"common-law marriage" they differ from true common law marriage in that they are not legally
recognized as "marriages" but are a parallel interpersonal status, known in most jurisdictions as
"domestic partnership", "registered partnership", "conjugal union", "civil union", etc. In Canada, for
instance, the term "common-law marriage" is widely used to describe cohabiting relationships; while
2. these do grant couples many of the rights and responsibilities of a marriage (laws vary by province),
these are not marriages; couples in common-law partnerships are not legally considered married,
although for many purposes (such as taxes, financial claims, etc.) they are treated as if they were.[3][4]
Similarly, the term "common-law marriage" is used in England and Australia to describe de facto
relationships. A de facto relationship is not a common-law marriage.
A true common-law marriage is a fully legal marriage that has been contracted in an irregular way. In
the United States, nine states and the District of Columbia permit this irregular form of marriage.
People in these true common-law marriages are considered legally married for all purposes and in all
circumstances.
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