Common-law marriage

Common-law marriage, also known as sui juris marriage, informal marriage, or marriage by habit and repute, is a legal framework in a limited number of jurisdictions where a couple is legally considered married, without that couple having formally registered their relation as a civil or religious marriage.

Pronunciation

/ˈkɒmən lɔː ˈmærɪdʒ/

Etymology

The term "common-law" originated in England and was introduced into the English-speaking world in the late-19th century. It refers to the law that is common to all, as opposed to special law that has been enacted by the people in legislature.

Definition

In a Common-law marriage, a couple is considered legally married in some jurisdictions even though they have not gone through the formalities associated with legal marriage, such as a ceremony or the issuance of a marriage license. The exact criteria for a common-law marriage can vary by jurisdiction, but typically include cohabitation for a certain period of time and the couple holding themselves out to others as being married.

Related Terms

Cohabitation: Living together in a sexual relationship, especially without legal or religious sanction.
Marriage: The legally or formally recognized union of two people as partners in a personal relationship.
Jurisdiction: The official power to make legal decisions and judgments.
Civil marriage: A marriage performed, recorded, and recognized by a government official.
Religious marriage: A marriage performed by a religious officiant, according to the rules and customs of a particular religion or religious denomination.