Although some jurisdictions provide for registration of informal marriages, a b. Registration of Informal common law marriage can usually be established without registering with any Marriages governmental entity. A copy of the document registering the informal marriage may be accepted to establish the marriage from the date it was registered. For more information on establishing common law marriages, see Reference: M21-1, Part III, Subpart iii, 5.C.1.d, and M21-1, Part III, Subpart iii, 5.C.2. Once a common law marriage has been established in a jurisdiction c. Terminating an Established recognizing common law marriages, it is a marriage in all respects, and is Common Law no different from a ceremonial marriage. Marriage The marriage cannot be terminated except through divorce the of one of the marriage partners, or annulment. is no such thing as a law divorce.” “common A valid common law marriage established in a jurisdiction recognizing such marriages continues to be valid if the parties later move to a jurisdiction not recognizing common law marriages. d. Elements The legal requirements for establishing a common law marriage vary from Required When jurisdiction to jurisdiction. Per , the Department of Veterans Affairs (VA) Establishing a must use the evidentiary standard of the state in which a common law Common Law marriage took place in order to determine the validity of a common law Marriage marriage. Typically, of the elements listed below must be present before a common all law marriage may be established. Element Description An agreement Often this agreement is explicit, but it can be inferred between the parties from the conduct of the parties. The statement of one to be married of the parties that there was no agreement to be married is not necessarily conclusive, especially when the statement is self-serving, and there is evidence that the parties held themselves out as married.
b. Registration of Informal Marriages Although some jurisdictions provide for registration of informal marriages, a common law marriage can usually be established without registering with any governmental entity. A copy of the document registering the informal marriage may be accepted to establish the marriage from the date it was registered. Reference: For more information on establishing common law marriages, see M21-1, Part III, Subpart iii, 5.C.1.d, and M21-1, Part III, Subpart iii, 5.C.2. c. Terminating an Established Common Law Marriage Once a common law marriage has been established in a jurisdiction recognizing common law marriages, it is a marriage in all respects, and is no different from a ceremonial marriage. The marriage cannot be terminated except through divorce the of one of the marriage partners, or annulment. is no such thing as a “common law divorce.” A valid common law marriage established in a jurisdiction recognizing such marriages continues to be valid if the parties later move to a jurisdiction not recognizing common law marriages. d. Elements Required When Establishing a Common Law Marriage The legal requirements for establishing a common law marriage vary from jurisdiction to jurisdiction. Per , the Department of Veterans Affairs (VA) must use the evidentiary standard of the state in which a common law marriage took place in order to determine the validity of a common law marriage. Typically, all of the elements listed below must be present before a common law marriage may be established. Element Description An agreement between the parties to be married Often this agreement is explicit, but it can be inferred from the conduct of the parties. The statement of one of the parties that there was no agreement to be married is not necessarily conclusive, especially when the statement is self-serving, and there is evidence that the parties held themselves out as married.
11-6-15_Key%20Changes_M21-1III_iii_5_SecC.docx