, “The myth of “common law marriage”
1. Purpose
The purpose of this note is to inform Shabana Mahmood, Lord Chancellor and Secretary
of State for Justice about the issues related to the so-called “Common Law Marriage” in
England and Wales.
2. Introduction
Common-law marriage (or non-ceremonial marriage) is a type of marriage that takes
legal effect, without license or ceremony, when two people capable of marrying live
together as husband and wife, intend to be married, and hold themselves out to others
as a married couple.1
The relationship is considered valid based on how the couple live together and present
themselves to others; as if they’re married. This idea comes from older traditions within
the common law system and is still recognized but only in a handful of places today.2
A clear requirement is living together (cohabitation.) There are many different definitions
of “cohabitation” such as “two people (whether of different sexes or the same sex) living
as partners in an enduring family relationship” 3 or “two persons who, although not
married to each other, are living together as husband and wife or (if of the same sex) in
an equivalent relationship.” 4
3. Background
Informal marriages such as the “common law marriage” used to be recognized as valid
by the church and community but were abolished in England and Wales by the Marriage
Act of 1753.5
The Marriage Act stated that formal registration of marriages was required for them to be
valid and thus legally binding. Furthermore, the marriages must be performed by a priest
of the Church of England.
Over time, people have continued to believe that, as an unmarried, cohabiting couple,
they have the same rights and protections as a married couple. This is only reality in
some places such as Texas but certainly not England and Wales.
1
Solernou, Daniel J. "Common-Law Marriage"(2016) Encyclopedia of Family Studies 1-2.
2
Dane, Perry "Natural Law, Equality, and Same-Sex Marriage" (2014) 62 Buffalo Law
Review. 291–375.
3
The Adoption and Children Act 2002.
4
Family Law Act 1996.
5
The Marriage Act 1753.
1. Purpose
The purpose of this note is to inform Shabana Mahmood, Lord Chancellor and Secretary
of State for Justice about the issues related to the so-called “Common Law Marriage” in
England and Wales.
2. Introduction
Common-law marriage (or non-ceremonial marriage) is a type of marriage that takes
legal effect, without license or ceremony, when two people capable of marrying live
together as husband and wife, intend to be married, and hold themselves out to others
as a married couple.1
The relationship is considered valid based on how the couple live together and present
themselves to others; as if they’re married. This idea comes from older traditions within
the common law system and is still recognized but only in a handful of places today.2
A clear requirement is living together (cohabitation.) There are many different definitions
of “cohabitation” such as “two people (whether of different sexes or the same sex) living
as partners in an enduring family relationship” 3 or “two persons who, although not
married to each other, are living together as husband and wife or (if of the same sex) in
an equivalent relationship.” 4
3. Background
Informal marriages such as the “common law marriage” used to be recognized as valid
by the church and community but were abolished in England and Wales by the Marriage
Act of 1753.5
The Marriage Act stated that formal registration of marriages was required for them to be
valid and thus legally binding. Furthermore, the marriages must be performed by a priest
of the Church of England.
Over time, people have continued to believe that, as an unmarried, cohabiting couple,
they have the same rights and protections as a married couple. This is only reality in
some places such as Texas but certainly not England and Wales.
1
Solernou, Daniel J. "Common-Law Marriage"(2016) Encyclopedia of Family Studies 1-2.
2
Dane, Perry "Natural Law, Equality, and Same-Sex Marriage" (2014) 62 Buffalo Law
Review. 291–375.
3
The Adoption and Children Act 2002.
4
Family Law Act 1996.
5
The Marriage Act 1753.
