General-law marriage , also known as sui iuris marriage , informal marriage , marriage with custom and reputation , or actual marriage , is the legal framework in a number of jurisdictions where couples are legally considered married, without spouses formally registering their relationship as civil or religious marriages. The original concept of "general-law marriage" is a marriage deemed legitimate by both partners, but has not been officially registered with state or religious records, or celebrated in formal religious services. As a result, the actions of a couple representing themselves to others as married, and arranging their relationship as if they were married, act as evidence that they are married.
The term general law marriage has extensive informal usage, often to show unlawful relationships as common-law marriages. The term general-law marriage is often used colloquially or by the media to refer to couples living together, regardless of any legal rights that these couples may or may not have, which may create public confusion both in terms of terms and in connection with the legal rights of an unmarried partner.
Video Common-law marriage
Terminologi, penyalahgunaan istilah, dan kesalahpahaman publik
The term "general-law marriage" is often used incorrectly to describe different types of partner relationships, such as cohabitation (registered or not), or other formal formal relationships. Although these interpersonal relationships are often called "mutual legal marriages" they differ from true marriage laws, in the sense that they are not legally recognized as "marriages," but are parallel interpersonal states, known in most jurisdictions as "domestic partnerships", "registered partnerships", "husband and wife unions", "civil unions", etc. In Canada, for example, while couples in "marriage-like relationships" may have many rights and responsibilities of a marriage (laws vary by province), partners in such partnerships are not considered legally married, even though they are legally defined as " unmarried couples "and for many purposes (such as taxes, financial claims, etc.) they are treated as if they were married. In recent years, the term general-law marriage has gained increased use as a generic term for all unmarried couples - however, the term has a narrow legal meaning. First of all, one can only speak of "general-law marriage" if such marriage is constituted in a jurisdiction that actually applies general law. A 2008 poll in the UK showed that 51% of respondents wrongly believe that people living together have the same rights as a married couple.
Non-marriage contract contracts need not be recognized from one jurisdiction to another jurisdiction, and there is no de facto spouse, whereas common-law marriage, as legitimate marriage, is legitimate marriage worldwide (if the the parties comply with the requirement to establish a legitimate marriage while living in jurisdiction that allows this form of marriage to be contracted).
Maps Common-law marriage
Important differences from marriage by law
Common-law and statutory marriage have the following characteristics:
- Both parties must freely agree on the marriage
- Both parties must be of legal age to contract marriage or have parental permission to marry
- No party is in a defective condition that prevents it from entering a legitimate marriage - e.g. they both must be physically fit, none of them can be married today, and some jurisdictions do not allow prisoners to marry.
Otherwise, general-law marriage differs from legal marriage as follows:
- No marriage certificate issued by the government and no marriage certificate filed to the government
- There is no official ceremony to be grateful for the marriage before the witness
- The parties should consider themselves as a couple in the world (this is not a compulsory marriage requirement)
- Most jurisdictions require the parties to live together when a public-law marriage is formed. Some require cohabitation to stay within a certain period of time (eg three years) in order for the marriage to be valid. But cohabitation alone does not create marriage. The parties should intend their relationship to be, and be regarded as, legally legally married.
History
In ancient Greek and Roman civilizations, marriage was a personal covenant between individuals and families. Public recognition of marriage is largely a qualification as a marriage. The state has only a limited interest in assessing the legitimacy of marriage. Usually civil and religious officials do not take part in the wedding ceremony, nor do they keep the registrants. There are some more or less formal ceremonies to choose from (some are exchanged, but sometimes with different legal consequences) as well as informal arrangements. It is relatively common for couples to live together without ceremony; a kebo gathering during a moderate period is enough to get him married. Kube kebo for the purpose of marriage done without social stigma.
In medieval Europe, marriage was under the jurisdiction of canon law, recognized as a legitimate marriage in which the parties claimed that they took a spouse as a wife and husband, even without the presence of witnesses.
The Catholic Church forbids silent marriage in the Fourth Lateran Council (1215), which requires that all marriages be announced in a church by a priest. The Council of Trent (1545-1563) introduced a more specific requirement, deciding that in the future marriage would only be valid if witnessed by a parish priest or an ordinary local (ie, bishop's diocese), or by delegating one of the witnesses said, the marriage not valid if not, even if witnessed by a Catholic priest. The Tridentine canon does not bind Protestantism or Eastern Orthodoxy, but a tacit marriage is not possible for the latter, since marriage requires the presence of priests for validity. The United Kingdom abolished secret marriage or laws in the 1753 Marriage Deed, which required marriage to be committed by a British Church priest unless the participants in the marriage were Jews or Quakers. The law is applied to Wales. The law does not apply to Scotland because by Acts of Union 1707, Scotland maintains its own legal system. To get around the requirements of the Marriage Act, such as the minimum age requirement, the couple will go to Gretna Green in southern Scotland, or other frontier villages such as Coldstream, to get married under Scottish law.
Wedding per verb de praesenti , sometimes known as general-law marriage, is a marriage agreement, rather than a marriage.
The 1753 Marriage Act also did not apply to the overseas colonies of Britain at the time, so marriage to the law remained recognized in the future of the United States and Canada. All other European jurisdictions have long removed the "marriage with customs and reputation", Scotland became the last to do so in 2006.
Legislation
Australia
In Australia the term "de facto relationship" is often used to refer to the relationship between two unmarried people, but effectively living in certain domestic circumstances. Since 1 March 2009, de facto relationships have been recognized in the Family Law Act, which applies in states that have directed their jurisdiction to the de facto pairs to the Commonwealth jurisdiction. In Western Australia, the only country that has not yet referred its jurisdiction, the state law still applies. There is also no federal recognition of de facto relationships outside Australia (see Section 51 (xxxvi) of the Australian Constitution), and this is also a state problem.
The legal terms for such relationships vary by state and territory; However, general-law marriage is not used anywhere in Australia.
Although the property aspects of these relationships are handled under state law, child-related laws of such relationships are contained in the Family Law Law Act 1975 . Most laws dealing with taxation, social welfare, retirement, etc., Treat de facto marriages in the same way as inaugurated marriages.
The Family Law Act states that a de facto relationship can occur between two different people or the same gender and that one can be in a de facto relationship even if legally married to another person or in a de facto relationship with another person. Family property laws, however, are excluded from jurisdiction when a person is married and in a de facto relationship at the same time. This exclusion is due to federal polygamy laws. De facto same-sex relationships have been recognized in New South Wales since 1999. There are a number of methods in which these relationships are recognized under Australian law and they include the same rights as de jure marriage.
The Federal Marriage Act of 1961 provides for marriage, but does not recognize 'marriage laws'. Since midnight January 9, 2018 same-sex marriage became legally valid throughout Australia.
Canada
Canada does not have a marriage of correct laws (as in parts of the US), although the laws of relations are recognized for certain purposes in Canada. In Canada, legal definitions and many implications of relationships such as marriage fall under the jurisdiction of the province. The term "common law" occurs informally in documents from the federal government.
Citizenship & amp; Canadian immigration states that a common-law partner refers to a person living in a husband-wife relationship with another person (the opposite sex or sex), and has been doing so for at least a year. Husband-wife relations exist when there is a significant commitment between two people. This can be shown by evidence that the couple share the same home, that they are mutually supportive financially and emotionally, that they have children together, or that they present themselves in public as a couple. Common-law partners who can not live together or appear publicly together because of legal restrictions in their home country or who have been separated for reasons beyond their control (eg, civil war or armed conflict) can still qualify and should be included on application.
The Canadian Revenue Agency (CRA) states, in 2007, a common legal relationship is true if at least one of the following applies:
- this couple has been living in a husband-wife relationship for at least 12 consecutive months;
- the spouse is the parent of a child by birth or adoption; or
- one of the partners has custody and control over another child (or has custody and control immediately before the child is 19 years of age) and the child is totally dependent on the person for support.
A complete definition of CRA for marital status is available.
In many cases, couples in relationships such as marriage have the same rights as married couples under federal law. Various federal laws include "general law status," which automatically applies when two people (any gender) have been living together in a husband-wife relationship for five full years. Common-law partners may be eligible for multiple federal partner benefits. Since family law differs between provinces, there is a difference between provinces on the recognition of common-law relationships. There is no province other than Saskatchewan and British Columbia that sanction married people to have family law by having more than one recognized partner at the same time.
In 1999, after the court case M. v. H. , the Supreme Court of Canada ruled that same-sex couples would also be included in general legal relationships. In Saskatchewan, the judges of Queen's Bench have agreed on the relationship of laws as simultaneously existing in family law while one or more of these couples are also married in civil with others.
Ontario
In Ontario, Ontario Family Law Act specifically recognizes married couples in section 29, dealing with issues of spousal support; the requirement to live together continuously for no less than three years or have the same child and have a "kebo get together in a permanent relationship". Three years must continue, although the break of several days during that period will not affect a person's status as a general law.
A married person may also have a recognized legal partner even before being divorced from the first couple.
However, the common-law couple does not have automatic rights under the Family Law Act for their partner properties because section 29 of the Act (which extends the definition of a couple outside of their marriage) applies only to the support section of Constitution. As such, the common-law partner has no legal right to divide the property in separation, and should ask the court to look at concepts such as constructive or produced trust to equitably divide the property among partners.
Another difference that distinguishes the common-law couples of married couples is that common-law partners can be forced to testify against their spouses in court.
Quebec
The Civil Code of Quebec never recognized a general legal partnership as a form of marriage. However, many laws in Quebec are explicitly applicable to common-law partners (called "conjoints de fait") in the "de facto union" (marriage is "de jure unions "), as they do to married couples. Equal partners are also recognized as "conjoints de fait" in the de facto union, for the purposes of social benefit law. However, common-law partners have no legal right between them, such as benefits, family inheritance, compensation allowances and marriage regime. The Quebec Court of Appeal decided this restriction was unconstitutional in 2010; and on January 25, 2013, the Supreme Court of Canada ruled that couples with common-law do not have the same rights as a married couple.
The 2002 amendment to the Civil Code, recognizing a type of domestic partnership called civil unions similar to marriage and also available to same-sex couples.
No Quebec citizen can be recognized under family law to be in a married country and "conjoints de fait" in the same period. Divorce from one husband-wife relationship must occur before another husband and wife relationship can occur in family law.
Same-sex partners can also legally marry in Quebec, as elsewhere in Canada.
British Columbia
The term "general-law marriage" does not appear in BC law. The difference is made between being spouse and being married . Married couples only include those who have engaged in legitimate marriage ceremonies and have received marriage certificates. Couples including married couples and those of the same or opposite sex, who meet the criteria for being in a marriage-related relationship for a period of time depending on the law under consideration. Therefore the meaning of the term unmarried couple in BC depends on the legal context. Criteria for relationships received as like marriage include cohabitation for at least a prescribed period, uninterrupted by too long intervals that can not be explained by an emergency. If there is a dispute about whether the relationship is like marriage, the court will consider a comprehensive set of comprehensive criteria including domestic and financial arrangements, the level and nature of intimacy, and the sense of the relationship presented to friends and family (especially by each partner to his own family). "Mere roommates will never qualify as unmarried couples.there are some other dimensions for relationships that show commitment between the parties and their belief that they are in a special relationship with each other." The criterion does not exclude the existence of a previous marriage with a third person during the marriage relationship period of an unmarried couple. Therefore one can have more than one partner at the same time.
Implications of being an unmarried couple include:
- Child support . The spouse is responsible for contributing to the support of a child and possibly another spouse if he is a biological or adoptive parent, or has contributed to supporting the child for at least a year during "a marriage-like relationship" with a parent and child's parents applies to the court for ongoing support after parting and within a year of last support contribution. (Contributions to expected child support from non-parent are not as great as from parents.)
- Financial support and property sharing and debt after separation . If a "marriage-like relationship" has been for two years, the law that applies at the time of separation is the same as the law applicable to a married couple, according to the "Estate Administration Act". All properties and debts earned before the relationship are excluded. If there is no agreement between the partner regarding the property and/or the debt written during or after the relationship, the law provides for the equal distribution of all gained during the relationship, as well as any change in the value brought into the relationship. (There are exceptions to the same division for certain categories, such as gifts and inheritance received by one partner.) The participation rate of each pair in the acquisition of a property or debt does not affect the distribution. Financial support can also be requested from ex-spouses. Claims for financial support or property and debt distribution should be made within two years from the date of separation.
- Inheritance . A spouse is entitled to inheritance if "marriage-like relationship" has existed for at least two years immediately before the death of another spouse. All property and debt held jointly are fully inherited automatically by a surviving spouse. Those brought into the relationship are subject to every legitimate desire that may be vulnerable to challenge if it does not provide for the surviving spouse and any children.
- Benefit from a government program . Access to benefits from government programs or policies can become more (or less) available after becoming an unmarried couple. In general, these become similar or identical to married couples, but the criteria for qualification as unmarried couples, such as longevity of relationships, are different for different programs. Social assistance is often quickly reduced when someone is considered a "home partner", regardless of the nature of the relationship.
Other provinces
The requirements in several other provinces are as follows:
- In Nova Scotia, couples must stay together for two years in a marriage-like relationship, and may not have married someone else during this time.
- In New Brunswick, couples must live together for three years or have children that are natural or adopted together. They can not marry anyone during this time.
- In Alberta, general legal relationships have been incorporated since 2003 under the terms of the Interdependent Adult Relations Act, which may also apply to two unrelated persons who live together in interdependent relationships for three years. Only one interdependent relationship is allowed at a time. If one of the common-law couples marries another during this time, the couple from the common-law can not begin "interdependent" until a divorce from another spouse occurs.
Israel
In Israel, courts and some laws (such as social security that provide death and disability benefits) have acknowledged the agency yeduim batsibur ( ??????? ?? ??? ?) which means "publicly known" couples (translation) as living together as husband and wife. In general, couples must meet two tests: 1) "an intimate life similar to a married couple, a relationship based on the same emotions of love and affection, dedication and loyalty, indicating that they have chosen to share their fate" (Israeli Supreme Court , rate ???????? ? (intimacy test)), and 2) share the household (economic test). In addition, courts are usually more likely to recognize such relationships as marriages to provide benefits if a couple can not marry under Israeli law.
ireland
Ireland does not recognize legal marriages, but the Civil Partnership and the Certain Rights and Liabilities of the Cohabitants Act 2010 provide some rights to unmarried kohab.
United Kingdom
England and Wales
The term "general-law marriage" has been used in England and Wales to refer to unmarried and unrelated heterosexual relationships. However, this is just social use. This term does not confer on the parties living together, one of the rights or obligations enjoyed by a spouse or civil partner. Unmarried partners are recognized for certain purposes in law: for example, for proven benefits. For example, in the Jobseekers Act 1995, "unmarried couples" are defined as men and women who are not married to one another but who live together in the same household as husband and wife other than in the prescribed circumstances. But in many areas of law, people living together do not enjoy special privileges. Thus when a life coexistence ends the ownership of any asset will be decided by property law. The court has no wisdom to reallocate the assets, as is the case with divorce.
Sometimes it is mistakenly claimed that before the Marriage Act 1753 couples live together it will enjoy the protection of "marriage of common law". In fact, neither the name nor the concept of "general-law marriage" is unknown at this time. Far from being treated as if they were married, a couple known as a keboyaan gathering risked prosecution by a church court for fornication.
The same mistakenly claimed that couples who live together without having a wedding ceremony before the 1753 Marriage Act will be deemed to have committed "contract marriages" with mutual consent. However, a contract marriage (or more rigorous contract per verb de praesenti) was not understood as having the legal status of a legitimate marriage until a decision at Dalrymple in 1811. This decision affects the subsequent development of English law due to the fact that the 1753 Marriage Act does not apply abroad. British courts then declare that it is possible to marry a simple agreement exchange in the colonies even though most of the disputed ceremony involves the service of a priest or other priest.
British courts also uphold marriage with consent in areas not under British control but only if it is impossible for parties to marry in accordance with local legal requirements. The late 1950s and early 1960s saw a spate of cases arising from the Second World War, with marriage in German-occupied German prisoner-of-war camps that pose a special problem for judges. (Some British civilians who were interned by Japan during the Second World War were detained to legally marry after contracting marriages in circumstances where formal requirements could not be met.) So far, English law does not recognize what has been known as "marriage of laws". The text of English law originally used this term to refer exclusively to marriage laws of America . Only in the 1960s, the term "general-law marriage" began to be used in its contemporary sense to show unmarried and unmarried heterosexual relationships, and it was not until the 1970s and 1980s that the term began to lose its negative connotations. The use of this term tends to encourage couples living together to believe that they enjoy legal rights. In the late 1970s came the myth that marriage made little difference to a person's legal rights, and this led to an increase in the number of couples living together and having children together outside marriage.
Scotland
According to Scottish law, there are several forms of "irregular marriage", among them:
- Irregular marriage with a declaration of de presenti - declare in the presence of two witnesses that a person takes someone as a man's wife or husband.
- Irregular marriage depends on refinement.
- Marriage is contracted by correspondence.
- Irregular marriage with cohabitation with habit and reputation.
The 1939 Marriage Law (Scotland) states that the first three forms of irregular marriage can not be established on or after 1 January 1940. However, irregular marriages contracted before 1940 can still be established. This action also enabled the formation of regular civil marriages in Scotland for the first time. (The civil registration system began in Scotland on January 1, 1855.)
Until this act, the only ordinary marriage available in Scotland is religious marriage. Irregular marriages are not socially acceptable and many people decide to contract them to do so where they are relatively unknown. Within a few years up to 60% of marriages in the Glasgow Blythswood Registrar District are "irregular".
In 2006, "marriage by cohabitation with customs and reputation", the last form of irregular marriage that can still be contracted in Scotland, was abolished in the Family Law (Scotland) 2006. Until that action came into force, Scotland remained the only European jurisdiction who never completely abolished the general-law marriage of old-fashioned law. In order for this law to take effect, the minimum time to be spent together must exceed 20 days.
As in American jurisdictions that have preserved it, this type of marriage can be difficult to prove. Not enough for couples to live together for several years, but they must be generally considered as husband and wife. Their friends and neighbors, for example, must know them as Tn. And Ny. So-and-so (or at least they should refrain against their neighbors and friends as Mr. And Mrs. So-and-So). Also, like public marriage-American law, it is a legitimate marriage form, so one can not become a common-law partner, or husband and wife by cohabitation with custom and reputation, if one of them marries legally with another when the relationship started.
This is evidence of the influence of American legal thinking and the daily use of English which, in a study conducted by the Scottish Executive in 2000, 57% of Scotland surveyed believe that couples who live together have "marriage laws". In fact, the term is unknown in Scottish law, which uses "marriage with cohabitation with habit and reputation". "Legal marriage" is an American term.
Otherwise, men and women who behave as husbands and wives do not have marriage of common law or marriage with customs and reputation just because they organize a common household, but they must i> think of themselves as wives and husbands. (In many jurisdictions, they must do so for a certain period of time in order for the marriage to be valid.) The Scottish survey is not clear on this point. It notes that "marriage of common law" is not part of Scottish law, but it fails to note that "marriage by cohabitation by custom and reputation", which is the same thing but in the name, is 2006. United States
In the United States, general-law marriages can be contracted in eight states and the District of Columbia. Once they meet the marital requirements of the laws, the couple in true marriage-laws-laws are considered legally married for all purposes and in all circumstances.
General-law marriages can still be contracted in Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. Marriage of common law may also apply under military law for the purpose of prosecution that is raped under the Code of Military Justice Uniform.
All US jurisdictions recognize general marriages-laws that are legally contracted in the original jurisdiction, as they are legitimate marriages in the jurisdiction in which they are contracted. see: Full Faith and Credit Clause. However, in the absence of an official registration or similar notice concerning marriage, the parties to the marriage of common law or their heirs may find it difficult to prove their relationship as marriage. Some states provide informal marriage or general marriage registration based on the declaration of each partner on state-issued forms.
English-speaking Caribbean
Because of their colonial past, English speaking Caribbean islands have laws on marriage laws similar to those in the UK. However, in the Caribbean, the term "general law" of marriage is also widely described, customarily as much as by law, for any long-term relationship between male and female spouses. Indeed, such informal unions are widespread, forming a significant percentage of families that many have children and can survive for many years. The reason for these long-lived but informal units is a matter of considerable debate in sociological literature. Similarly, although the acceptance of this type of union varies, men are more likely to regard it as legitimate than women, there is a high degree of recognition of such unions which they regard as an institution.
See also
- Free love
- Marriage 'urfi
- Pacte civil de solidaritÃÆ' Â ©
- Marriage marriage
References
Source of the article : Wikipedia
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