Common-Law Marriage in United States

Common-law Marriage Definition

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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Legal Issue for Attorneys

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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Notice

This definition of Common-law Marriage Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

A marriage not solemnized in the ordinary way, but created by an agreement to marry, followed by cohabitation (in U.S. law). Most states declare a marriage to be valid only if there is a formal procedure prescribed by statute. Common-law marriages legally contracted in a state that does consider them valid, however, must be given full faith and credit by all the other states. See also cohabitation (in U.S. law).

(Revised by Ann De Vries)

What is Common-Law Marriage?

For a meaning of it, read Common-Law Marriage in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Common-Law Marriage.