Legal Capacity and Common Law Marriage

Abstract

Abstract This chapter discusses legal capacity requirements in common law marriage. It focuses on two requirements: first, the parties must have reached a certain age to establish a common law marriage; and, second, the parties may not already be married to another person, whether through a previous ceremonial or formless common law marriage. These requirements are of particular interest as the regulations applied to common law marriages differ somewhat from those applicable to ceremonial marriages, particularly because it often is unclear whether and when a common law marriage has been established.