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Common Law Marriage
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Cohabitation Requirement
Partners must live together for a significant period of time, though the exact duration can vary by jurisdiction.
Property Rights
In a common law marriage, property and debts may be divided similarly to a traditional marriage in the event of a separation or divorce.
Termination of Common Law Marriage
Like traditional marriage, common law marriages typically require a legal divorce to terminate the relationship.
Children and Common Law Marriage
Children born in a common law marriage have the same rights and legitimacy as those from a traditional marriage.
Legal Capacity
Both individuals must have the legal capacity to marry, including being of marital age and not currently married to someone else.
Social Security and Insurance Benefits
If common law marriage is acknowledged by the state, partners may have rights to social security benefits and health insurance coverage similar to those in a traditional marriage.
Recognition by Jurisdiction
Common law marriages are only recognized in some states or countries, and their recognition can affect legal rights and obligations.
Intent to be Married
Both partners must intend and agree to be considered as married without a formal ceremony or license.
No License or Ceremony
Common law marriage doesn't require a marriage license or a formal ceremony to be considered valid.
Holding Out to the Public
The couple must present themselves to the public as a married couple, typically by using the same last name, referring to each other as husband or wife, or filing joint taxes.
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