Prenuptial Agreement. Download online state specific prenuptial agreements form (Premarital Contract)
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To better understand the issues relating to your legal situation or problem, our legal information and other law related facts may be of interest to you
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A common misconception is that the length of cohabitation creates common-law status. This is not true. Three elements are necessary and none relate to a time-frame. A couple must:
1. Live together; 2. Agree between themselves to be Marriage; 3. Represent themselves as married (also called “holding-out.”).
The agreement in the second element does not have to be written; it can be implied by the behavior of the parties. Signing leases as husband and wife or filing joint income tax returns are examples of the proof used to imply a common-law Marriage.
Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah and D.C. recognize common-law Marriages. Ohio repealed its recognition in 1992. Pennsylvania has just now abolished it. Other states may recognize an informal Marriage if it was originally contracted within one of these states.
In the past, common-law Marriage was often seen on the lower socio-economic rungs of the ladder. However, celebrities often make the news with claims by their live-ins of this status.
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Return to all Prenuptial Agreement legal information
Legal Articles about Prenuptial Agreement
Prenuptial Agreement Frequently Asked Questions
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