What are the differences between marriages, common-law marriages, civil unions, and cohabitation agreements?

[Anonymous]

Wondering about other peoples' experiences; is it mandatory for spouses to 'live together' to be considered eligible to be legally recognized as such?

[OlderAndWiser]

Marriage is controlled by statute and there are certain basic requirements you must meet:

1. You must have reached a certain age (which varies from one jurisdiction to the next.) Some jurisdictions will allow marriages for younger couples if the female if pregnant. petent.

3. Must not be presently married to anyone else.

4. Must obtain a marriage license from a government office.

5. Living together is not required to have a valid marriage.

Common-law marriage is a relic of the past and is not widely recognized in the US. It was designed to accomodate people in rural communities who could afford an entire day to ride to the county seat to obtain a license. To be common law married, these are the requirements:

1. I am not familiar with age requirements for common law marriage, but if there are any, I would expect those requirements to be identical to the requirements for a ceremonial marriage.

2. Must be competent.

3. Must not be presently married to anyone else.

4. Both parties must have the intention, at the same time, to be married to each other.

5. They must represent themselves to others as husband and wife.

What most people do not understand about common law marriage is that once you are common law married, your marriage is as valid as a marriage with a marriage license and a ceremony. You must obtain a divorce (and there is nothing called common law divorce.) If you simply separate and you later marry someone else, the second marriage will not be valid because you are still married to your common law spouse (unless they have died in the meanwhile.)

"Civil union" is a relationship status granted in some jurisdictions to same sex couples when the laws of that jurisdiction do not allow tem to obtain a marriage license. In some churches, divorce and second marriage are not recognized and couples who wish to get married obtain a marriage license and get married outside of the church. The Episcopal Church is an example of such a church.

A cohabitation agreement is a document for couples who want to live together but don't want to get married. It details the financial responsibility of both parties during te relationship, how assets will be divided if the relationship ends, and it can include language to provide for support after the relationship, similar to alimony. It should not include any provisions about child custody, visitation, or child support, as courts will generally refuse to honor agreements unless they are consistent with state law and are in the best interest of the child at the time that the matter is being reviewed. A cohabitation agreement could specify that it becomes effective only if the couple lives together for a specified minimum amount of time, such as 24 months.

[Asker]

I see there are nuanced differences between a marriage versus a common-law marriage with the uncertain term 'competent' to mean anything from financially capable to physically able to sustain oneself and those dependents (offspring). An annulment to marriage, so far, to my knowledge, is only possible if the first marriage was invalid in the eyes of the church fathers. Is this correct?

[jshm2]

The difference is the legal status of the assets in the relationship.

As a married couple you have full rights. Co-habitation - you have no rights.

[Asker]

How are the dispensations of assets, within either a divorce or permanent, separation affected? Especially in the case of children involved.

[SaoirseS]

@OlderAndWiser would probably be the best one I know of on here to comment. I don’t know the legal differences.

[OlderAndWiser]

Thanks for the mention!

[balyai]

It's necessary to be legally recognised if they want to be husband and wife cause that's how they get a marriage certificate if can be used whenever needed.

[Asker]

Is it necessary to broadcast that you're married? As alluded to, it was a requirement to tell others you were if involved in a common-law marriage but some people would rather not toot their horn about it.