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Posted () in marriage law on March-3-2009

Legally, No Common Law Marriage In The UK

Executive summary about common law marriage by John Zhang

in common law marriage
in common law marriage

There are a lot of advantages to living in the United Kingdom – the National Health Service (what’s left of it), the best cup of tea in the world and the comfort of always knowing that England will lose the World Cup. However, common law marriage is not one of the advantages – which might even be news to the English.

An American Import

It’s thought that the idea of a common law marriage having the same rights and insurance coverage as for traditionally married couples came from America. There are certain states in the US (not all of them) where common law marriage couples can get many of the same privileges as traditionally married couples.

Despite what many people think, you can’t just live with someone for seven or ten or twenty years and have that “count” as a common law marriage.

What About In UK History?

The UK has had a long history of unconventional marriages, including common law marriages. A legal marriage requires a lot of paperwork and at least a ceremony at the local Registrar.

So, despite what anyone tells you (even if they have lived in England all of their lives), there is no such thing as common law marriage in the UK.

Common Law Marriage in Colorado

Executive summary about common law marriage by Jeff Alter

Common law marriage in Colorado does not have the above formalities and is not recognized by any statute. However, case law has recognized that parties can become married simply by their actions, even if they never apply for any marriage license. These actions must show that the parties mutually agreed to a marital relationship.

Now usually, the issue of a common law marriage does not come up until one of the parties wants a “divorce” and the other party disagrees that they were ever married. So evidence of a mutual agreement to be married is very important to establishing that a common law marriage exists. In Colorado, there must be conduct showing a mutual public acknowledgment of the marital relationship to establish a common law marriage. The reason for the public display requirement is to guard against fraudulent claims of common law marriage.

Also, check out my other summary on Love Quiz & Wedding Centerpiece


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[...] state to state. The following are some of the requirements of state laws in regard to marriage. A marriage license is issued by the clerk of the court or the county clerk. Many marriage laws in the United States [...]

[...] Annulment law is undefined in most states and has largely fallen by the wayside in favor of divorce. In most states there is no established procedure or set of rules for annulment. In many areas of the country, it is possible to file for annulment, pay a lot of money, go through the entire court process, properly follow existing marriage annulment law, get to the end, and then have a judge deny the annulment. If you fall into one of these categories, annulment law is not on your side. In many parts of the country, division of property in an annulment is similar to a divorce. Even though there are no annulment statutes in most areas, the courts tend to use similar rules as in a divorce action. [...]

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