common-law marriage


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common-law marriage:

see under husband and wifehusband and wife,
the legal aspects of the married state (for the sociological aspects, see marriage). The Marriage Contract

Marriage is a contractual relationship between a man and a woman that vests the parties with a new legal status.
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.

Common-Law Marriage

 

marital relations not formalized in the manner provided by law (see).

In the USSR, common-law marriage does not give rise to the marital rights and duties provided by legislation on marriage and the family. From 1927 through July 8, 1944, the legislation on marriage and the family of the RSFSR and other Union republics, except the Azerbaijan, Tadzhik, Uzbek, and Ukrainian SSR’s, allowed for recognition by judicial procedure of the legal force of a common-law marriage; children born of such a marriage had the same rights and duties with respect to their parents as children born of a registered marriage.

After the adoption of the Decree of the Presidium of the Supreme Soviet of the USSR of July 8, 1944, which provided for the obligatory registration of marriage, the court was not permitted to recognize common-law marital relations that were formed after July 8, 1944. Persons who had entered into a common-law marriage before the issuance of the decree were given the right to register the marriage with an indication of the time they had been living together. In case one of the parties had died or been declared missing in action during wartime, the other party had the right to apply to the court for recognition of the dead or missing person as the spouse.

References in periodicals archive ?
In their testimony to police officers investigating domestic homicides and in interviews with local journalists, killers and victims used the specific phrase that, by custom (and, in other states, by law), defined a union as a common-law marriage.
breach of promise to marry, common-law marriage, and dower--benefited
Just as many couples accepted common-law marriage, still others adapted it to include a form of `common-law divorce.
3) For an unmarried cohabiting couple, if their state of residence recognizes common-law marriage, the couple is married for Federal income tax purposes(4); if the state does not recognize common-law marriage, the couple is not married for Federal income tax purposes.
The family values coalition of the time mobilized in horror--and common-law marriage was banned by most American state legislatures.
The 8-1 ruling could end up giving same-sex partners all the legal benefits of a common-law marriage.
In early America, common-law marriages sans priestly blessings were traditional - except when prohibited, as between slaves and mixed races.
He said: "Today we already have same-sex weddings and common-law marriages, that is, many rights which we have been conquering little by little.
States permitting same-sex marriage will recognize partners in those relationships as spouses, and states permitting civil unions typically treat partners in those relationships as spouses, but other states specifically forbid same-sex marriage, do not permit civil unions, and do not recognize common-law marriages.
The court also noted that New York has recognized heterosexual marriages performed elsewhere that could not have been performed legally in New York, including marriages between an uncle and his niece, a "proxy marriage," common-law marriages and the marriage of a couple who were too young to wed legally in New York.
Thus, the merger rate for our structural estimations using the 1978-2004 database excludes common-law marriages.
Despite the growing prevalence and acceptability of common-law marriages in Quebec, women in this type of union continue to be at greater risk for negative birth outcomes than those in traditional marriages.