Common-law Marriage - Terminology

Terminology

The term common-law marriage is often used incorrectly to describe various types of domestic partnerships or to refer to cohabiting couples. Although these interpersonal statuses are often called "common-law marriage" they differ from true common law marriage in that they are not legally recognized as "marriages" but are a parallel interpersonal status, known in most jurisdictions as "domestic partnership", "registered partnership", "conjugal union", "civil union", etc. In Canada, for instance, the term "common-law marriage" is widely used to describe cohabiting relationships; while these do grant couples many of the rights and responsibilities of a marriage (laws vary by province), these are not marriages; couples in common-law partnerships are not legally considered married, although for many purposes (such as taxes, financial claims, etc.) they are treated as if they were. Similarly, the term "common-law marriage" is used in Australia to describe de facto relationships . A de facto relationship is not a common-law marriage.

A true common-law marriage is a fully legal marriage that has been contracted in an irregular way. In the United States, nine states and the District of Columbia permit this irregular form of marriage. People in these true common-law marriages are considered legally married for all purposes and in all circumstances.

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