Common Law Marriage – What is Common Law Marriage?

The meaning of a Common Law Marriage is that the couple gets married under common law. This means they do not have an obligation to sign a contract with the State.

In a Common Law Marriage a couple can be married by whom ever they choose to marry them. Sometimes it is a family member or it could be a good friend of the family or they can be married by a Common Law Attorney or a Marriage Celebrant.  The couple can still have a memorable ceremony. In actual fact it is a more intimate occasion than having a stranger perform the ceremony.

There are many advantages of a common law marriage and one is that the marriage is not bound by Statute Law.

No need to sign with the State

Having a wedding that is free from the State also means that there will be no need for a costly divorce if the marriage breaks down and they decide to split-up.

There is also no reason why they can’t have a prenuptial  agreement put in place by the couple. They can do this before they marry or anytime after that. They would need to make the agreement in front of family members or someone else of honour and to have someone witnessed the agreement and to have the agreement sealed by a handshake. This agreement may be concerning children,  property or any other arrangements that they what to agree on and to happen if they were to split up.

The married couples don’t need the State to do their thinking for them. We as individuals and members of a community have the capacity to solve our own problems without involving a third party person or entity, such as the State. This also means they do not need a lawyer to settle disputes between the two people who are separating.

Also, it is known that as from 1961 the marriage laws changed so that being married by the State means that a couples children are only recognized as being legal under State law. Parents sign away many rights to their own children by getting married by the State.

Why is a Common Law Marriage better than a State marriage?

• Because getting married is something personal between two people and should be kept that way.
• A marriage is based on customs and traditions of the family and the community and has nothing at all to do with the State.
• Another advantage of getting married under Common Law is that you are not bound by a religion.
• A Common law marriages is a legal marriage.

Malcolm McClure of UPMART talks about common law marriages during his UPMART Common Law Courses UCLC Please contact us on the UPMART website and book in for a course.

By not having a contract with the state it means that a child born from the union of a Common Law marriage that the State cannot claim an interest in the child via his or her birth certificate.

Please leave a comment on your views or an opinion you may have on a common law marriage.

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