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About a dozen or so states
in the United States recognize what is known as
"common law marriages." Under the common law
marriage system, a formal ceremony is not required for
there to be a valid marriage. Instead, common law
marriage has the following three requirements:
Present agreement:
The couple must have an agreement to marry. No
particular types of words or contracts are
required. The actions of the parties, however,
must show that the parties held the intent to be
married couples.
Cohabitation:
Couple must live together for a certain period of
time. It is unclear how long the couple must stay
together. A few courts have considered a brief
cohabitation to be sufficient.
Holding Out: The
couple must have the reputation in the community
of being married. This element can be met if the
couple have same last names, wear wedding rights,
etc.
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