Which countries have common law marriage? Good or bad thing?

Question

How long do you have to live together as "husband" and "wife" for a common law marriage?

How long can you get away with living with a partner without it being recognised as marriage?

Do you have to specifically tell other people you are married for common law marriage to be recognised?

Also, do you have to get "divorced" from a common law marriage? If so, do people this this unfair?

Knowledge and opinions please...

Answer 1

In England and Wales (which is the only legal jurisdiction I can speak for) there is no such thing as a 'common law marriage', although lay persons sometimes think there is. For there to be a valid marriage a ceremony recognised by law (religious or civil) has to be gone through. So, here, therefore, you do not have to tell anyone, nor can you get 'divorced'. This misconception can have disastrous results, for people can live together for many years, expecting their estate will pass to their partner and therefore they both omit to make a will. The first dies, and the survivor finds that the estate, possibly including the home, passes to some distant relative. I have also known people take part in Islamic ceremonies in a mosque which is not registered for marriages and find later they are not legally married. Hopefully, however, this error is a thing of the past.

Answer 2

sorry, I have very little knowledge on this, but I do have an opinion!!

I am almost sure you don't have to tell people you're married for common law marriage and I really disagree with this. And I think it kicks in after about 5 years. I could look it up on the internet but I cant be naffed.

As I own my house and my partner lives here, if and when I want to consider him my husband and allow him half the value of my house, or the whole value if I die, I will then marry him or sign over half my house to him. As it stands at the moment, my parents have helped me out so much buying this house, I want almost all of the value to go back to them, as it seems fairer. I would be gutted if a common law marriage rule kicked in within my consent or knowledge and my wishes were overruled.

ok i've just looked it up on good old wikipedia - apparantely Cohabitation alone does not amount to common law marriage; the couple in question must hold themselves out to the world to be husband and wife - so maybe I'm safe after all!

Answer 3

Although you asked for "countries", it doesn't work quite that way in the U.S. Many of the individual states recognize Common Law marriage and many do not. The states that do not recognized Common Law marriage WILL recognize it if it was entered into in a Common Law marriage state. Have I confused you enough, yet? For example, Colorado recognizes Common Law marriages, but the state of New Mexico does not. A couple from Colorado who had a valid Common Law marriage moves to New Mexico. New Mexico recognizes the marriage as valid. How long? It varies from state to state, but doesn't have to be a long time. More important than the length of the relationship is whether the couple considered themselves to be husband and wife (subjective) and presented themselves to others as husband and wife (objective).

Answer 4

does Portugal have common law marriege