Legal Definition and Related Resources of Common-law marriage
Meaning of Common-law marriage
A marriage based upon agreement by which the parties agree per verba de presenti to become husband and wife, followed by sexual consummation. To constitute a marriage legal, at common law, the contract and consent must be per verba de presenti, or if made per verba de futuro cum copula, the copula is presumed to have been allowed on the faith of the marriage promise, and that so the parties, at the time of the copula, accepted of each other as man and wife. 204 111. 2&.
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A marriage not solemnized in the ordinary way, but created by an… (Read more)
Cohabitation; Marriage, Definition of
husband and wife.
English Legal System: Common-Law Marriage
In the context of the English law, A Dictionary of Law provides the following legal concept of Common-Law Marriage : 1. A marriage recognized as valid at common law although not complying with the usual requirements for marriage. Such marriages are only recognized today if (1) they are celebrated outside England and there is no local form of marriage reasonably available to the parties or (2) they are celebrated by military chaplains in a foreign territory (or on a ship in foreign waters), and one of the parties to the marriage is serving in the Forces in that territory. The form of marriage is a declaration that the parties take each other as husband and wife.
2. Loosely, the situation of two unmarried people living together as husband and wife (See cohabitation). In law such people are treated as unmarried, although recently they have been recognized as equivalent to married persons for purposes of protection against battering and for some provisions of the Rent Acts (such as succession to *statutory tenancies).