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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The Columbia Electronic Encyclopedia™ Copyright © 2013, Columbia University Press. Licensed from Columbia University Press. All rights reserved.
The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

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.

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
419, 453 (2013) (noting alternatives to traditional common law marriage).
The first argument presented by Duval's daughters was that Duval and Hargrave were required to be domiciled in a jurisdiction for a common law marriage to have taken place.
2006) (determining whether a common law marriage exists, and if so who are the appropriate heirs).
This decision has been widely criticised as being historically unsound: see, eg, J C Hall, 'Common Law Marriage' (1987) 46 Cambridge Law Journal 106, 115-19.
An in-depth study conducted by Haguruka in 2003 explored the causes of common law marriage. The most commonly cited cause of common law marriage was poverty; that is, couples do not formalize their marital unions because they lack the funds for a marriage ceremony.
"I don't know what other information they would file trying to disprove a common law marriage," Bradford said.
However, the court said, "despite assertions by the university system, common law marriages are not automatically recognized [when heterosexual partners sign their affidavit].
The requirements for demonstrating common law marriage vary from one state to the next.
Common law marriage might only involve a simple affirmation before witnesses, and other customs such as jumping a broomstick created some legal rights and responsibilities be partners.
Legal: "The terms used by those not legally married range from the legal (common law marriage) to the jocular (shacking up)." Wrong: Those who are found by a court to have entered into a valid common law marriage are legally married.