Monday, March 21, 2011

History of Common-Law Marriage


Have you ever wondered how common-law marriage came around and what lead to the development of this concept? It actually dates quite a while back, around the medieval times, when law used to recognize people as living together as married provided they claimed that themselves (with mutual consent of course). Interestingly enough, despite the practice being popular primarily in the US, it originated in Europe and that’s where it really took off.

Common-law marriage took some changes as family laws changed as well – for example, at one point, it was stated that even though couples weren’t obliged to go through a complete marriage ceremony to get married, they still needed the overseeing of a pastor from the local ordinary in order for their marriage to be validated. This obviously differed depending on one’s religion though, but that was the general case.

This was further solidified by the so-called Marriage Act 1753, which stated that marriages should be performed by a priest of the Church, with some small exceptions. The act spread out quite rapidly and is nowadays recognized in various places around the world.

Today, common-law marriage is still valid in various places, though there are obviously differences from one jurisdiction to the other. In the US, for example, only citizens of the states of Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas and Utah are allowed to engage in common-law marriage. In Canada, it’s recognized by a number of provinces as well. In general though, you should take the time to research your local regulations properly before taking any steps.

Joe D Milner's Lawfirm in Austin TX: http://www.milnerlawfirm.com/attorneys-and-staff/joe-milner.html

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