A common law affidavit is a legal document used to prove the existence of a common law marriage. It is signed under oath and presented to an employer or authority in lieu of an official marriage certificate. Common law marriage is recognized in some jurisdictions as a substitute for formal marriage if certain living conventions are in effect. The affidavit must establish that the spouses have been living together for at least one year and are considered married by friends and family, and must be accompanied by additional evidence showing that the couple acted as if they were married.
A common law affidavit is a written document that presents affidavits offered under penalty of perjury to establish the existence of a common law marriage. This type of affidavit is typically prepared to secure employment or beneficiary benefits for a live-in partner. It is presented to an employer or other authority in lieu of an official marriage certificate.
An affidavit is a legal document prepared by a witness to establish facts of which the witness has personal knowledge. The deed is signed under oath and before a notary or other court official. Lying or misrepresenting an affidavit is punishable in the same way as lying on a witness stand in court.
Marriage is a legal status between two people. It requires a third party to treat spouses as a single legal entity for purposes of taxes, benefits, or anything else a spouse would be entitled to under the law. Couples wishing to marry typically must obtain a marriage license from the jurisdiction in which they live and observe any other legal formalities required by law. Under normal circumstances, if two people simply live together without fulfilling the legal formalities for a marriage, they are not married.
There is one exception, however. Common law marriage is a historical legacy of English common law which established marriage before the status was codified with specific legal requirements. A common law affidavit can be used to prove the existence of this type of marriage. Most jurisdictions recognize common law marriage as a substitute for formal marriage if certain living conventions are in effect.
If one party to a common law marriage wishes to obtain spousal benefits for a partner, a common law affidavit may be required to corroborate the relationship. The person providing proof of relationship must sign a statement that typically states that the common law spouse is at least 18 years of age, not a relative, and not married to anyone else. The affidavit must establish that the spouses have been living together for at least one year and are considered married by friends and family.
The common law affidavit usually needs to be accompanied by additional evidence showing that the couple acted as if they were married. Satisfactory forms of proof are a joint mortgage, joint bank accounts or filing joint taxes. If the partner is named as the spouse’s beneficiary in a will, life insurance, or any other retirement benefit, it usually serves as satisfactory proof.
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