Quote:
Originally Posted by Shami 
I also think it is important to satisfy the laws of the land, whatever that is where you live. If where you live, common law marriage is acceptable, then that's fine. Just wondering out loud: Can you get a certificate or license for common law marriages?
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Up through the medieval period, the Church was in charge of marriage. The man and woman only had to dedicate themselves to one another for it to be a "real" marriage, because in the view of the Western Church, the husband and wife are the ones who administer the sacrament. At the end of this period the rule began to change, both in Catholic and Protestant countries. Catholics and Englishmen, for example, had to have their marriages witnessed by a priest in almost all circumstances.
Many countries now also require that people get a marriage license and record the marriage to be considered legally married in the eyes of the state. Many churches will not agree to marry people without this, not because it isn't possible, but because it is seen to be important to fulfill these legal requirements as citizens.
A common-law marriage is in some places just a name for people living together as if married, but without a legal marriage. But it may hold no legal status at all.
In many places though, it holds some legal status. Usually, the people must have met the same legal requirements as for a civil marriage, and sometimes they have to live together for a certain length of time. THey are supposed to be presenting themselves to the public as husband and wife. (So, I knew a gay man and elderly woman who were officially a common-law couple - that wasn't really quite above board.)
They may then be considered the same, legally, as a civil marriage, but often that is not the case. This is an important point because people often mistakenly assume there legal rights are the same. For example, after we married my husband and I lived in the house he already owned. Had we divorced, we would have split all our assets. In a common-law relationship in my province, the house would have gone to him, unless I could prove in court I had significantly contributed.
We also have another legal form of relationship here, called a registered partnership, which gives the same legal status as marriage. But there is no presumption of any sexual relationship - two sisters who chose to make a home together could register, so that they could get pension benefits and so on.