Introduction
Common law marriage is a legal concept where a couple is considered legally married without having undergone a formal ceremony or obtained a marriage licence. This concept has existed for centuries, originating from English common law, and has been recognized in various jurisdictions around the world. In the United States, the recognition of common law marriage varies from state to state, with some states still acknowledging it, while others have abolished it. Florida falls into the latter category, with a unique historical and legal stance on the matter.
Historical Context of Common Law Marriage in Florida
Historically, common law marriage was widely recognized in many parts of the United States, including Florida. This form of marriage was particularly prevalent in rural areas where access to formal legal systems and religious institutions might have been limited. Couples would live together, present themselves as married, and be considered legally wed without the need for a formal ceremony or legal documentation.
In Florida, common law marriages were recognized until January 1, 1968. Before this date, couples who met specific criteria—such as cohabitation and presenting themselves as a married couple—could be considered legally married under the common law. However, with the modernization of the legal system and the increasing emphasis on formal legal procedures, Florida abolished the recognition of new common law marriages starting from that date. The change was implemented through the enactment of Florida Statute 741.211, which explicitly states that “no common-law marriage entered into after January 1, 1968, shall be valid.”
Current Legal Status of Common Law Marriage in Florida
As of now, Florida does not recognize new common law marriages. This means that couples cannot establish a marriage by merely living together and presenting themselves as a married couple. To be legally married in Florida, a couple must obtain a marriage license and participate in a formal ceremony conducted by a recognized officiant.
However, Florida does acknowledge common law marriages that were legally established in other states or countries where such unions are still valid. This is in line with the “Full Faith and Credit Clause” of the U.S. Constitution, which requires states to recognize the public acts, records, and judicial proceedings of every other state. Therefore, if a couple legally enters into a common law marriage in a jurisdiction that recognizes such unions and then moves to Florida, their marriage will be considered valid under Florida law.
It’s important to note that for a common law marriage to be recognized in Florida, the couple must have met all the legal requirements of the jurisdiction where the marriage was established. This includes proving elements such as cohabitation, holding themselves out as a married couple, and the intent to be married. The burden of proof rests on the couple claiming the existence of a common law marriage, and it often requires substantial evidence, such as joint bank accounts, shared property ownership, and testimonies from friends and family.
Implications of the Abolition of Common Law Marriage in Florida
The abolition of common law marriage in Florida has several implications for couples and their legal rights. One significant aspect is the lack of automatic legal protections and benefits that come with marriage. For example, married couples have rights to inheritance, spousal support, and property division in the event of a divorce. They also have the legal authority to make medical and financial decisions on behalf of their spouse.
Without the recognition of common law marriage, cohabiting couples in Florida must take additional legal steps to protect their rights. This can include drafting cohabitation agreements, establishing powers of attorney, and creating wills and trusts to outline the distribution of assets and decision-making authority. These legal instruments can help ensure that a partner’s wishes are honored and provide a level of protection similar to that enjoyed by married couples.
Another implication is the effect on children born to cohabiting couples. While the legal status of the parents’ relationship does not affect the legitimacy of the children, it can impact issues such as child custody, visitation, and support. In the absence of a formal marriage, establishing paternity is crucial for securing parental rights and responsibilities. This can be done through a voluntary acknowledgment of paternity or through a court order.
Exceptions and Special Considerations
There are exceptions and special considerations related to common law marriage in Florida. As previously mentioned, common law marriages established before January 1, 1968, are still recognized. This is because the law abolishing common law marriage was not retroactive, meaning it did not invalidate marriages that were already legally established under the previous legal framework.
Additionally, Florida recognizes common law marriages from other jurisdictions. For example, if a couple enters into a common law marriage in a state like Colorado, where such unions are still recognized, and later moves to Florida, their marriage will be considered valid. This recognition extends to international common law marriages, provided they meet the legal requirements of the country where they were established.
It’s also worth noting that while Florida does not recognize new common law marriages, the state does recognize domestic partnerships and cohabitation agreements. These legal arrangements can provide some of the benefits and protections of marriage without the formal legal status. For instance, domestic partnerships can grant rights such as hospital visitation, healthcare decision-making, and access to family health insurance plans. Cohabitation agreements, on the other hand, allow couples to outline their financial arrangements, property rights, and responsibilities during the relationship and in the event of a separation.
Conclusion
In conclusion, common law marriage is not recognized in Florida, except for unions established before January 1, 1968, or those legally recognized in other jurisdictions. The state’s legal framework requires couples to obtain a marriage license and participate in a formal ceremony to be considered legally married. This shift away from common law marriage reflects a broader trend in modern legal systems toward formalizing personal relationships through legal documentation and procedures.
For couples living in Florida, this means taking additional legal steps to protect their rights and interests, particularly if they choose not to marry formally. Legal instruments such as cohabitation agreements, wills, trusts, and powers of attorney can help safeguard their interests and ensure that their wishes are honored. For those who have entered into a common law marriage in another jurisdiction, Florida’s recognition of such unions provides a level of legal continuity and stability.
Given the complexity of family law and the potential for significant legal implications, individuals are encouraged to seek legal advice from qualified professionals. Law firms like Dewitt Law specialize in family law matters and can provide guidance on marriage, divorce, domestic partnerships, and related issues in Florida. Whether you are considering marriage, living with a partner, or navigating the legal aspects of a relationship, understanding the state’s laws and your rights is essential for making informed decisions