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Concept
Common-law marriage
Summary
Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, or marriage by habit and repute. In the jurisdictions where marriage can still be contracted this way, a common law marriage is a legal marriage despite non-compliance with the requirements for a statutory marriage.
The original concept of a "common-law marriage" is one considered valid by both partners, but not formally recorded with a state or religious registry, nor celebrated in a formal civil or religious service. In effect, the act of the couple representing themselves to others as being married and organizing their relation as if they were married, means they are married.
The term common-law marriage (or similar) has wider informal use, often to denote relations that are not legally recognized as marriages. It is often used colloquially or by the media to refer to cohabiting couples, regardless of any legal rights or religious implications involved. This can create confusion in regard to the term and to the legal rights of unmarried partners (in addition to the actual status of the couple referred to).
Common-law marriage is a marriage that takes legal effect without the prerequisites of a marriage license or participation in a marriage ceremony. The marriage occurs when two people who are legally capable of being married, and who intend to be married, live together as a married couple and hold themselves out to the world as a married couple.
The term "common-law marriage" is often used incorrectly to describe various types of couple relationships, such as cohabitation (whether or not registered) or other legally formalized relations. Although these interpersonal relationships are often called "common-law marriage", they differ from its original meaning in that they are not legally recognized as "marriages", but may be a parallel interpersonal status such as a "domestic partnership", "registered partnership", "conjugal union" or "civil union".
Official source
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