22 Pages Posted: 25 Oct 2011
Date Written: October 25, 2011
This article investigates the source of the myth that prior to 1753 cohabiting couples would have been protected by a ‘common-law marriage’. It shows that neither the term nor the concept existed at the time and traces modern misunderstandings to the early nineteenth century. It goes on to suggest that the widespread but mistaken belief among modern cohabitants in the existence of ‘common-law marriage’ must also be of recent origin.
Keywords: family law, common-law marriage, cohabitation
Suggested Citation: Suggested Citation
Probert, Rebecca, Common-Law Marriage: Myths and Misunderstandings (October 25, 2011). Child and Family Law Quarterly, Vol. 20, No. 1, pp. 1-22, 2008. Available at SSRN: https://ssrn.com/abstract=1949048
This is a Child & Family Law Quarterly paper. Child & Family Law Quarterly charges $10.00 .
File name: SSRN-id1949048.
If you wish to purchase the right to make copies of this paper for distribution to others, please select the quantity.