(2) Unmarried and ill-informed | The Common-Law Marriage Myth; Many cohabiting couples misunderstand their legal status.
http://www.economist.com/news/in ... n-law-marriage-myth
Quote:
"common-law marriage has not legally existed in England since the 16th century.
"Why so many Americans believe in this seven-year cut-off [of cohabitation turning into a common-law marriage] is mysterious.
Note:
(a) Merle H Weiner, A Parent-Partner Status for American Family Law. Cambridge University Press, at page 41
https://books.google.com/books?i ... england&f=false
(“It was during the sixteenth century, with the influence of the Reformation, that government became a legitimate regulator of marriage. George Elliot Howard, in A History of Matrimonial Institutions, noted that the Reformation marked 'the beginning of social revolution,' as civil society started addressing human needs through the regulation of family types. English regulation included the registration of births and marriages in 1538 and Lord Hardwicke's Marriage Act in 1753, which ended common-law marriage and transferred control over marriage law from the Church [of England] courts to the secular courts. Anyone found to have violated Lord Hardwicke's Act could be 'transported to America for fourteen years' as punishment") (footnotes omitted)
(b) Common-law marriage
https://en.wikipedia.org/wiki/Common-law_marriage
section 4.5.1 England and Wales: "It is sometimes mistakenly claimed[28] that before the Marriage Act 1753 cohabiting couples would enjoy the protection of a "common law marriage". In fact, neither the name nor the concept of "common law marriage" was known at this time.[27] Far from being treated as if they were married, couples known to be cohabiting risked prosecution by the church courts for fornication.[29]
Footnotes:
27 Probert, R [2008] Common Law Marriage: Myths and Misunderstandings, Child & Family Law Quarterly vol 20 issue 1 p 1
28 Barlow, A, Duncan, S, James, G, and Park, A, (2005) Cohabitation, Marriage and the Law: Social Change and Legal Reform in the 21st Century (Oxford, Hart), p 53
29 Probert, R (2012) The Legal Regulation of Cohabitation, 1600–2012: From Fornicators to Family (Cambridge: Cambridge University Press), ch 2.
(c) Patty Funaro, Legislative Guide to Marriage Law. Legislative Services Agency, Iowa General Assembly, 2005 at pages 7-8
https://www.legis.iowa.gov/DOCS/Central/Guides/marriage.pdf
(Council of Trent (held in Trent (Italian: Trento), Italy between 1545 and 1563, by Catholic Church) pronounced in 1563 from then on marriage to be officiated in a ceremony in the presence of a priest and witnesses. However Henry VIII of England had separated Church of England in 1538, so the Trent decree did not apply to England) |