What Is Common law Marriage ?

Marriage is the bond between two people who are ready to tie a legal knot with each other. The concept of staying together whether getting married has surfaced over the years and understanding the guidelines of such marriage has become important for people.

Though here in Australia, the common law marriage is not known to people still similar concepts of such marriage do exist. 

What Is Meant By Common Law Marriage?

People residing in Australia may not be familiar with the term but the concept is similar to de facto marriage. In such a relationship two people irrespective of their gender stay together sharing the same home, utilities, and resources.

Such people do not get married legally yet they stay together as a couple under the same roof by their own will.

These couples are allowed to term themselves as couples and call each other as spouses. The couple must be together for a while to comply with the conditions of such marriage. The timeline of the couple being together can vary from country to country.

Understanding the Rules and Regulations of Common Law Marriage

• Assets Rights: Couples who are together in such kind of marriage are required to divide their assets and belongings into two parts. This division will be based on how much each one of them is contributing in terms of money, household work, and nurturing of a child.

• Supporting the other partner: supposedly after a few years or a while of agreeing to such a marriage the couple didn’t feel the connection and wanted to go their separate ways. One of the partners who is financially stable would need to help the other partner financially. In other cases, if one partner is taking care of their child, then the other partner needs to support them.

• Guardianship and child care: Couples with having kids in such relationship agreement have certain rights which include support and nurturing of the child. Even in the case of separation of the couple they need to go through legal aspects to get the child’s guardianship. 

• Right to access their property: Similar to legal marriage such a relationship also has certain rights where each partner has legal privileges of getting a share of their partner’s property.

• Supporting the health choices of their partner: In certain cases where one of the partners is not mentally or physically fit to make sane decisions about their health. The other partner can make such health-related decisions for their partner.

Understanding the Difficulties of Common Law Marriage

Being in such a relationship can be beneficial and difficult for several reasons, one of the most bothersome difficulties of such a relationship is the law that you and your partner are together, to access the rights and benefits.

The process of convincing the law can be hectic and tedious as it may include providing documents and pieces of evidence.

Couples constantly shifting from one place to another are facing difficulty in dealing with the legal aspects of each place as the law revolving around common law marriage varies from region to region.

Misbelief Related to Common Law Marriage

Couples believe that if they are staying together for years can term their relationship under common law marriage. In a real-time scenario, the requirement for the duration of staying together can vary from country to country.

People tend to believe that this kind of marriage is accepted throughout the world. To your surprise such relation does not exist in many countries such as in Australia we do not have common-law marriages.

Another misbelief is that people consider that it offers all sought rights similar to legal marriage, but it doesn’t and the terms and conditions to get all the rights listed can be complicated and challenging.

Certain couples have this conception that they do not need to provide any legal proof to access the benefits of such a relationship. You need to provide all the substantial evidence to prove your relation to the law.

Couples in such agreement tend to believe that they can easily cut off their relationship in case of disagreement. Similar to legal marriage in such relationships as well you need to go through legal aspects of asset division and other crucial aspects.

Conclusion

Understanding the terms and conditions of being in a common-law marriage would provide you an upper hand in deciding whether or not you want to go for it.

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