Common law marriage is a situation where a couple is regarded as being in a legal marriage so as to speak although they have never had a wedding ceremony or acquired a marriage license. Instead, they have stayed together for a certain period of time, held themselves out as married, and satisfied other such conditions imposed by the state. On the flip side, it’s important to note that common-law marriage is not recognized across all states in the US. Therefore, the rules of your jurisdiction are of paramount importance.
In the case of Florida, common law marriage is peculiar, and a lot of people don’t know if common law marriage is legal or if there are any prerequisites. This article will make an effort to offer an answer to such queries for the Florida state as well as discuss the framework of law that governs common law marriage in the state. Discover Anti-Woke Banking Law in Florida.
What is common law marriage?
As for the couple’s legal status, a common law marriage exists when they are cohabiting, and together holding them spouse-like status, without undergoing formal ceremonies or obtaining a marriage license. In all other respects, couples living together under common law marriages obtain legal rights and responsibilities much like married couples.
Key Characteristics of Common Law Marriage:
Cohabitation: The couple must live together for an extended period.
Holding Out: The couple has a husband and wife image in front of their real families, friends and society.
Intent to be Married: It is sufficient the intention to marry exists on both sides, regardless of the conducting of the marriage ceremony.
Is the Common Law Marriage valid in Florida?
No, as for new relationships, Florida does not have a common location marriage for any new relationships. Florida has had legislation against the common law with the birthdate of common law marriage being 1968. Therefore it is not permitted to enter into another common law marriage in that state.
Nonetheless, there are certain exceptions to the rule. Florida, as many other states, accepts all common law marriages only that they must have been registered in a state that recognizes common law marriage. A couple can relocate to Florida from a state that recognizes customary marriage based on a firm understanding of the marriage so the marriage would be valid in Florida.
Common Law Marriage Laws in Florida: A Political Background
Up to 1968, common law marriages were accepted and recognized in Florida. But for fear of fraud, possible confusion and difficulty in ascertaining the unscrupulous existence of those marriages, the lawmakers decided to dispense of them integrating them into history and folklore. As per the Florida Statutes Section 741.211, common law marriage ceased to exist in Florida after relationships formed after 1st January 1968.
However, if you were legally married in another state, through common law marriage, that marriage is accepted in Florida on the basis that it was governed by the law of that particular state. The Full Faith and Credit Clause of the Constitution in the United States stipulates that any legal marriage or contract performed in one state has to be performed in other states too if the governing laws are the same and their enforcement is valid.
Common Misconceptions Regarding Common Law Marriage in Florida
Florida has its own common law marriage that has existed for years, and there are some inaccuracies regarding the requirements, particularly how many years a couple must cohabitate for a marriage label to be acquired. The so-called 7-year rule is the most notorious fallacy that people believe in.
Marriage by Cohabitation for 7 years
This rule does not exist in Florida, nor does the state provide any other time-based requirement. In short, there is no 7-year rule. In short, there are no such rules. Such agreed-upon situational common-law marriage does not exist in the state of Florida. Find the child marriage law issues in the United States.
Legal Rights of Unmarried Couples in Florida
Florida currently does not recognize marriage through common law, which is disadvantageous to unmarried couples as they do enjoy the legal protection a married status grants a person. This affects the multiple facets of their union, as relationships involve more than just “love,” with regard to succession, real estate ownership, medical and hospice papers, alimony any other need the couple may require from one another.
Key Legal Consequences for Unmarried Couples:
Property Rights: Unmarried couples in Florida cannot automatically share their property interests. One partner may not have an equitable interest in property that is in the name of the other partner if there is no written agreement to that effect.
Inheritance: Married persons are not subject to the same restrictions as unmarried persons in terms of inheritance. When an unmarried couple has no will, one partner is entitled to receive nothing from the deceased partner’s possessions upon his or her death.
Healthcare Decisions: Generally, without being legally married or having a healthcare power of attorney in place, an unmarried partner would likely not be able to make medical decisions for their partner.
Alimony: In the state of Florida, unmarried couples are not entitled to spousal support. For legally married couples, courts only award spousal support, therefore unmarried partners do not receive alimony for any reason.
How to Protect Your Rights as an Unmarried Couple in Florida
In case the parties wish to protect their interests while they are not married especially during separation or death, they should consider formalizing their union in legal terms.
Legal Agreements for Couples Not Married Yet:
Cohabitation Agreements: This type of agreement is akin to a prenup or prenuptial agreement in that it deals with matters such as property, debts, and assets in the event that the couple breaks up. Besides, it can set out the terms for spousal support or shared property ownership.
Wills and Trusts: Any unmarried couple may want to draft a will so that their partner can inherit some property or assets after their death. Otherwise, the surviving partner becomes disinherited and there is no legal framework to make claims on the deceased half’s estate.
Powers of Attorney: Common arrangements between unmarried couples allow them to appoint their partners as health care surrogates or state a power of attorney that gives authority to their partner to make significant choices if they are incapacitated.
How to Prove Common Law Marriage in Florida (from Another State)
As of today, Florida does not recognize the establishment of common law marriages within state lines however if a couple has entered into a common law marriage from another state that recognizes such unions would have to give evidence of such status when in Florida particularly for matters such as divorce or inheritance or decision making in health care.
How to Prove Common Law Marriage:
Cohabitation Evidence: As these unregistered or common-law marriages are valid in the United States, proof that the couple resided in such a state where common-law marriage was established is adequate evidence.
Joint Financial Accounts: Either a joint bank account or a joint loan taken by the couple can help show the intention of becoming husband and wife.
Legal Documents: What can prove to be useful here include any mutual wills or names written out stating one another as married partners.
Witness Testimonies: Testimonies from friends and families or neighbors who can assert that the couple acted as though they were in a marriage together.
Conclusion
Although Florida abolished the legal practice of common law marriage in 1968, those who entered into common law marriage in those states that legally recognize this actual practice can have such unions recognized in Florida. On the contrary, for unmarried couples living in Florida, there is a need to initiate legal procedures in an aggressive way in order to seek and protect their rights and interests. This includes the use of cohabitation agreements, wills, and health care proxies where legal representation is necessary to protect individuals in a state where common law marriages are not possible. Check the Bans Helium Party Balloons in Florida.
Should you have doubts about your legal position in Florida as an unmarried couple, or wish to show proof of a common law marriage from another state, seek the assistance of an attorney who will provide you with the appropriate steps. Also, check our Wrongful Death Lawyer services in the United States.
Common Law Marriage in Florida: Frequently Asked Questions
1. Is there common law marriage in the state of Florida?
There is none, as all common-law marriages were abolished in Florida in 1968. Still, the state will give recognition to valid common-law marriages formed in other states where it is permissible.
2. Is it possible to obtain a common-law marriage in Florida after cohabiting for 7 years?
There are none. Florida does not contain time-based rules. Merely cohabiting, however long, does not give rise to a common law marriage in the state.
3. How can a common law marriage obtained out of state be legitimate in Florida?
Provided the couple have legally become common law spouses in a state where this marriage is valid then when such a couple moves into Florida it will respect such a married couple.
4. Does Florida recognize common law marriages from other states?
Florida recognizes common-law marriages that were established in other states where it is legal.
5. Is there any legal recourse for unmarried couples in the state of Florida?
Unmarried couples in Florida shall not be able to avail any legal recourse as a married couple. That said, they are allowed to enter into cohabitation agreements and execute wills among other legal measures to safeguard their interests.
6. What if a couple who practices common law marriage relocates to Florida?
If the couple got their common law marriage in a state that recognizes such marriages, then Florida would respect that marriage. They would, however, have the same rights as other married couples in the state of Florida.
7. Can one obtain a divorce in Florida and seek alimony out of a common law marriage that was legal in another country or state?
Yes. If the common law marriage is legally recognized in the state where it was kingdom, it can be used in Florida for divorce or alimony actions.
8. What are the inheritance laws regarding common law marriages in Florida?
In certain relationships which are existing in Florida between unmarried partners, there are no automatic inheritance rights. However, spouses who are residents of Florida and married through common law have the right to inheritance in Florida.
9. How can they legally protect their rights as unmarried partners in Florida?
Unmarried individuals can maintain their legal rights in Florida by entering cohabitation agreements, preparing wills, and giving powers of attorney.
10. Is it still possible to enter into common law marriages in Florida?
No, new common law marriages are not permitted in Florida. Couples can only be considered married if they have gone through the formal marriage procedures.
