When it comes to committed relationships, there are two main options: marriage and common law. While both involve a level of commitment and often include living together and sharing finances, there are some significant differences between the two. In this article, we’ll explore the key legal distinctions between marriage and common law.
Definition and Requirements
The biggest difference between marriage and common law is the legal recognition they receive. Marriage is a legally binding union between two people that is recognized by the state. To get married, couples must obtain a marriage license and participate in a formal ceremony (although the exact requirements vary depending on the state or country). Typically, marriage involves vows, rings, and other ceremonial traditions.
Common law, on the other hand, is an informal relationship that doesn’t require a formal ceremony or legal documentation. Instead, it occurs when a couple lives together and presents themselves as spouses without ever officially getting married. However, simply living together doesn’t automatically mean a couple is considered common law. The criteria for common law varies depending on the jurisdiction, but generally, couples must meet certain requirements such as living together for a specific period of time (usually seven years) and presenting themselves as a married couple to society.
Legal Rights and Responsibilities
The legal rights and responsibilities of married couples and common law partners differ significantly, especially when it comes to property and financial matters. Here are some of the key differences:
- Property Rights
In most states and countries, property acquired during a marriage is considered marital property and is subject to division in the event of divorce. This includes both assets and debts. Conversely, common law couples generally don’t have automatic property rights. If a couple splits up, each partner typically keeps what they brought into the relationship.
- Inheritance
When one spouse dies, the other is usually entitled to inherit from their estate (unless there is a prenuptial agreement stating otherwise). Common law partners, however, do not have this automatic right. If a common law partner dies without a will, their assets typically go to their next of kin.
- Taxes
Married couples can file joint tax returns, which often results in lower taxes. Common law partners must file as individuals.
- Social Security
Spouses are entitled to Social Security benefits based on their partner’s work record. This includes survivor benefits if the higher-earning spouse passes away. Common law partners do not have these rights unless they meet certain criteria.
- Medical Decisions
In most cases, spouses have the legal right to make medical decisions for each other if one is incapacitated. Common law partners typically do not have this right unless they have taken specific legal steps to establish it.
- Divorce
Divorce is only an option for married couples. Common law partners who separate must divide their property and financial assets themselves.
Legal Protections
Finally, it’s worth noting that marriage offers certain legal protections that common law relationships do not. For example:
Spousal Privilege: In court, spouses can refuse to testify against each other. Common law partners do not have this protection.
Domestic Violence Protection: Most states and countries offer legal protections to spouses who are victims of domestic violence. Common law partners may not be covered by these laws.
Immigration: Marriage is often a pathway to immigration for noncitizens. Common law relationships do not offer this benefit.
Conclusion
While both marriage and common law involve commitment and often include living together and sharing finances, there are some significant legal differences between the two. Depending on your situation and goals, one option may be more appealing than the other. Ultimately, the decision to get married or live as common law partners is a personal one that should be based on your individual circumstances and priorities.