In the realm of family law, the concept of common law marriage often sparks confusion, particularly regarding whether it grants the same legal rights as a formal marriage. While some states still recognize common law marriages, New Jersey has taken a different stance. This post explores what common law marriage entails, whether it holds legal ground in New Jersey, and what alternatives exist for couples seeking similar protections.
What Is Common Law Marriage?
Common law marriage refers to a relationship where two individuals live together as spouses without undergoing a formal wedding or obtaining a marriage license. In jurisdictions where common law marriage is recognized, couples may be considered legally married if they meet certain criteria, such as cohabitation for a specified period, presenting themselves as married to others, and having the intent to be married.
Does New Jersey Recognize Common Law Marriage?
The short answer is no—New Jersey does not recognize common law marriages. Since 1939, the state has required couples to obtain a valid marriage license and participate in a marriage ceremony to be legally married. This means that no matter how long two people have lived together or referred to each other as spouses, they will not be treated as legally married under New Jersey law.
Exceptions and Out-of-State Recognition
Although New Jersey does not permit common law marriages to form within the state, it may recognize such marriages if they were legally established in a state that permits common law marriage. This concept, known as the full faith and credit principle, ensures that marriages valid in other states are honored in New Jersey. Couples who move to New Jersey with a valid common law marriage from another state may retain legal marital status and associated rights.
What Legal Protections Are Available for Unmarried Couples?
While common law marriage is not an option, unmarried couples in New Jersey can take steps to protect their interests through legal agreements. These include:
- Cohabitation Agreements: Couples can create contracts that outline financial responsibilities, asset division, and other terms similar to prenuptial agreements.
- Wills and Estate Planning: Drafting a will ensures that a partner will inherit assets, as New Jersey intestacy laws do not recognize unmarried partners by default.
- Powers of Attorney and Healthcare Proxies: These legal documents allow partners to make financial or medical decisions for one another in the event of incapacity.
Conclusion
Couples in New Jersey seeking legal protections must rely on formal marriage or private legal agreements, as common law marriage is not recognized in the state. Although common law marriage may offer benefits in certain jurisdictions, New Jersey’s legal system emphasizes the importance of clear, documented relationships through marriage licenses and contracts. Those in long-term relationships without a marriage license should consider legal measures to safeguard their interests and rights. Consulting with a family law attorney can provide further guidance on the best options for each unique situation.
