Common Law Marriage
In medieval Europe, marriage came under the jurisdiction of canon law, which recognized as a valid marriage one where the parties stated that they took one another as wife and husband, even in absence of any witnesses.
The Council of Trent (convened 1545–1563) ruled that in future a marriage was only valid in Roman Catholic countries if it was witnessed by a priest of the Roman Catholic Church or, if obtaining a priest were impractical, by other witnesses. This ruling was not accepted in the newly Protestant nations of Europe, nor by Protestants who lived in Roman Catholic countries or their colonies in the Americas or elsewhere, nor by Eastern Orthodox Christians.
Common-law marriages were abolished in England and Wales by the Marriage Act 1753. The Act required marriages to be performed by a priest of the Church of England – unless the participants in the marriage were Jews or Quakers. The Act applied to Ireland after the Act of Union 1800, but the requirement for a valid marriage to be performed by a Church of England priest created special problems in predominantly Roman Catholic Ireland. The law did not provide an exception. The Act did not apply to Scotland because by the Acts of Union 1707 Scotland retained its own legal system. To get around the requirements of the Marriage Act, such as minimum-age requirements, couples would go to Gretna Green, in southern Scotland, to get married under Scots law.
The Marriage Act of 1753 also did not apply to Britain's overseas colonies of the time, so common-law marriages continued to be recognized in the future United States and Canada. In the United States, common-law marriages are still recognized in Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah and the District of Columbia, and in several Canadian provinces.
All countries in Europe have now abolished "marriage by habit and repute", with Scotland being the last to do so in 2006.
Australia has recognised de facto relationships since the Family Law act of 2009.
Read more about this topic: Marriage Law
Famous quotes containing the words common, law and/or marriage:
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—Michel de Montaigne (1533–1592)
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