Special Rules for Common-Law Marriage

In Utah, common-law marriage is legal and valid when it has been established by Court or Administrative Order. Living arrangements alone are not enough to establish a common-law marriage. Even the fact that a child is born to a couple who reside together does not prove common-law marriage.

To be married under common law, both parties must meet the criteria listed in ALL 5 sections below:

The parties must live together; and

Both parties must be old enough to marry:

at least age 16; or

at least age 14 when written consent has been given by the person's legal guardian; and

Both parties must be legally able to enter a solemnized marriage. This means they must NOT be:

Currently married - any prior marriage must have been terminated by death, divorce or annulment; or

Afflicted with syphilis or gonorrhea that is communicable or that may become communicable; and

The parties must mutually assume rights, duties and obligations of marriage. Examples of this include, but are not limited to:

Having joint accounts or credit (mortgage or other major purchase or credit accounts, or other bills); and

Have a reputation of being married. The couple must be known to their neighbors, family, friends or community as husband and wife. Use of the same surname MAY be a form of evidence. Signatures on legal and business documents representing the couple as married would be another form of evidence; and

The parties must have a Court or Administrative Order to establish the marriage. There is no marriage without this order. The order for the marriage will give the date the marriage began. An order may be obtained while the couple lives together or within up to one year after their relationship ends. (The order may not take effect prior to April 27, 1987.)

Both parties must consent to enter into the relationship. The two ways the parties can express their consent to the relationship is either by expressed consent or implied consent. Before an order of common-law marriage will be issued, there must be legally acceptable evidence that the parties gave their expressed or implied consent to the relationship.

Expressed Consent is:

The parties state their consent to the relationship and desire for marriage. They do this by:

signing written statements that they desire to be married; and

providing evidence that they are able to marry

Implied Consent: There is implied consent if the actions of the couple demonstrate that they consent to the relationship and imply consent or desire for marriage. If legally acceptable evidence of this is submitted to the Office of Adjudications, they will review it and decide whether there is implied consent. In this way, proof that a common-law marriage exists can be obtained without the cooperation of the customers.

The following factors taken together can imply consent. The couple must:

Live together; and

Mutually assume rights duties and responsibilities of marriage. This may include, but is not limited to, having joint accounts, credit mortgages, or other major purchase or credit accounts, or other bills; and

Have a reputation of being married. The couple must be known to their neighbors, family, friends or the community as husband and wife. Use of the same surname MAY be a form of evidence. Signatures on a lease or other legal document representing the couple as married would be another form of evidence.

Proof must meet general rules of legally acceptable evidence. Items which may be acceptable include, but are not limited to, the following:

Paper documentation: This includes papers signed or completed by the couple and recent official documents that prove facts about them. These include, but are not limited to, leases, rental agreements, financial papers, divorce decrees, and other recent business documents.

Witnesses: The witness must have "first hand" knowledge about the couple. The witness can only testify to what he knows. An example would be an apartment manager who testifies that the couple visits him frequently and represent themselves as married. He may know that when he talked with the customer she has always referred to the man as her husband.

To obtain an order of marriage from the Office of Adjudications, send a written request to them.

Include evidence that the parties:

are legally able to enter a marriage; and

are in a relationship that meets the requirements for a common-law marriage

If the request is for a retroactive date for the start of the marriage, include evidence of this as well.

Office of Adjudication will review the evidence and conduct a hearing to decide if a marriage exists. If the Office of Adjudication decides there is a marriage they will issue the Administrative Order that legally establishes it.

The customer may appeal the decision of the Hearing Officer. The director of the Office of Adjudication will hear ONE appeal on the decision. After that the Office of Adjudication will not reopen the marriage issue. If the customer wishes to pursue the issue further, it must be addressed in court.

The customer may request fair hearings on case actions which result from an order which establishes a marriage. However, the Office of Adjudication will discuss only the issues of whether the action complies with program rules. The issue of marriage will not be addressed.