Utah Common Law Marriage

What Is Common-Law Marriage in Utah?

Common-law marriage refers to a situation where couples present themselves as "married" without performing a marriage ceremony or obtaining a marriage license. Common-law marriages formed in Utah are valid under the state laws. Couples may petition the court to recognize their relationship as a marriage, even without a marriage ceremony. In addition to this, Utah State laws recognize common-law marriages formed in other states where such relationships are permitted.

For the state to recognize a common-law marriage formed in other jurisdictions, the couples must be above the legal age of consent and must have lived together for a certain number of years. In addition to this, the pair must have introduced themselves to their immediate community as "married.”

In most states, friends and families of common-law couples must present affidavits to prove the existence of the union. A majority of common-law couples mostly form this union for financial reasons or to avoid the formalities of traditional marriage. In places where common-law marriage is approved, common-law partners enjoy almost the same benefits as legally married couples. For instance, common-law couples can inherit properties after the demise of their partners. Spousal support and jail visitation rights are also some of the possible benefits in common-law marriages.

Despite the benefits, common-law marriage comes with different setbacks, which are uncommon in traditional or formal marriages. For instance, Utah has no clear law or statutes to protect the rights of common-law couples. The setback is more prevalent when common-law couples undergo a divorce or split - common-law couples might lose the privilege of survivorship or properties and assets accumulated during the relationship. A partner may also bear the burden of child support or lose custody rights after a split.

Does Utah Recognize Common-law Marriages?

Utah recognizes all common-law marriages created within the state. Couples in a relationship can petition the court to recognize their union without a formal marriage. Courts in Utah developed the concept of "judicially recognized marriage" to safeguard the rights of couples who are unable to go through legal wedding proceedings. The courts will only approve a common-law marriage once the couple satisfies the following criteria:

Both partners are of legal age and are mentally capable of giving consent to the union;
Both partners are legally capable of solemnizing their marriage under Utah marriage laws. In other words, they must not share family bonds closer than second cousins;
Must have lived together for a certain period (couples must have lived for over a year before filing the petition for a judicially recognized marriage;
Both partners must present each other as "husband" and "wife" to the community and family members;
Both partners must treat each other as "married" regarding financial decisions, such as a joint bank account and other shared financial responsibilities.

Likewise, Utah also recognizes common-law marriages formed in jurisdictions where it is permitted. According to the Full Faith and Credit Clause, couples can maintain their common-law marriage status if they move to non-approving states.

What Is a Domestic Partnership in Utah?

Generally, a domestic partnership is a relationship between two unmarried individuals living together in an exclusive and committed relationship. Most states approved domestic partnerships as a way of legalizing same-sex relationships. Therefore, couples in domestic partnerships often enjoy almost the same benefits as formally married couples. However, since the Supreme Court ruled on the Obergefell v. Hodges case, the use of domestic partnership has diminished in states, including Utah. Currently, Utah state laws do not recognize domestic partnerships.

What Is a Cohabitation Agreement in Utah?

In Utah, a cohabitation agreement refers to a written and notarized statement that depicts the roles and responsibilities of couples cohabiting together. Since there's no explicit law or statutes for cohabiting couples, a cohabitation agreement helps partners get a fair share of the property and assets accumulated during the relationship.

Courts in Utah recognize cohabitation agreements. Moreover, cohabiting couples that have decided to terminate their relationship may petition the court to acknowledge their relationship as a legal marriage, even in the absence of a cohabitation agreement. According to Utah State laws, couples must petition the court during the relationship or before one year after the termination of the relationship. Once the state recognizes the union, the court will establish child custody, divide marital property, and settle other family law matters. Note that the court will only approve the petition if the concerned parties have fulfilled the following conditions:

Shared a residence during the duration of the relationship;
Presented themselves as "married" to their community;
Engaged in sexual relationships.

Utah Common-Law Marriage and Alimony

Couples in a common-law marriage are eligible to receive alimony and other spousal benefits given to couples in traditional marriages. To receive alimony after a divorce, partners in a common-law marriage must file a petition to the local court to validate their marriage. Once the court judge validates the relationship, partners in a common-law marriage can receive alimony payments and their fair share of assets accumulated during the relationship.

Note that the court will cancel alimony payments when a partner forms another common-law marriage or formal marriage with another.

What Are the Requirements for a Common-Law Marriage in Utah?

Utah recognizes and validates a common-law marriage based on the following requirements:

Partners are above the legal age of consent;
The partners must not be in an informal or formal union with another;
Partners must live together and have the address listed as their primary residence;
Partners must not be closely related by blood. Utah laws prohibit common-law marriage between partners related by family ties closer than second cousins;
Must share responsibilities and duties in the union.

How Many Years Do You Have to Live Together for Common Law Marriage in Utah?

In Utah, a common-law marriage becomes valid when a partner or both partners petition the court to recognize their relationship as a marriage. Also, courts in Utah allow common-law couples to petition the court to recognize the relationship after a split or a partner's death.

What Is an Informal Marriage in Utah?

Informal marriage refers to a union or agreement between two cohabitating individuals without a formal marriage ceremony or marriage registration at the local court. Common-law marriage is an example of informal marriage. Cohabiting couples can petition the court to recognize their common-law marriage status.

What Does It Mean to Be Legally Free to Marry in Utah?

Per Utah marital laws, a couple is legally free to marry when they satisfy the following criteria:

Couples must be at least 18 years old to obtain a marriage license without consent from the parents or guardians;
Intending couples between the age of 16 and 18 can request a marriage license with consent from parents or legal guardians;
Persons must not be currently married to others.

What Is Intent to Marry in Utah?

Intent to marry in Utah describes the process through which couples notify the state of their intention to form a legal marriage, in line with the Covenant Marriage Act.

How Do Prove a Common-Law Marriage in Utah?

Couples can prove their common-law marriage status by presenting the following evidence before the local court in their jurisdiction:

Legal documents stating that the couples are above the legal age and capable of giving consent;
Both parties are capable of legally solemnizing their marriage. In other words, there must be no legal reasons preventing the couple from getting married in Utah;
Documents showing that both parties live together in a primary residence;
Treat each other as though they were married - the court requires evidence such as joint accounts, credit or debit cards in the name of both parties, and employment records containing the partner's name as an immediate family member;
Present themselves as married to family members, friends, and the community. The court might require affidavits from close relatives and friends;

The courts might also require cohabiting couples to present evidence of consent alongside the petition. Per the state law, the party claiming an informal marriage must provide the following evidence to prove consent:

A notarized written agreement;
Affidavit or testimony from those who were present when the couples formed the union;
Joint ownership and purchase of assets and properties ;
The use of a partner's name by children formed during the union;
Deeds and wills that prove the existence of the union;

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

The full name of both spouses ((include first, middle, and last names)
The date the marriage occurred (month, date and year)
The location where the marriage occurred (city and county)

How Do You Prove a Common-Law Marriage in Utah After Death?

Widowed partners in a common-law relationship must prove the existence of their /the relationship to state courts. Per state laws, widowed partners can only get insurance benefits and other spousal benefits when the marriage is legally recognized. Therefore, widowed partners must petition the court and provide proof of consent via legal documents.

Do Common-Law Marriages Require a Divorce?

In Utah, couples in a common-law marriage formed after 1983 can terminate their relationship through regular divorce proceedings. Couples must petition the court to recognize their marriage before filing a divorce petition. Note that the court will not approve a divorce until the marriage is legally recognized.

Third-party websites may provide a convenient solution to obtaining marriage-related public records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

The full name of both spouses (include first, middle, and last names)
The date the marriage occurred (month, date, and year)
The location where the marriage occurred (city and county)

Does a Common-Law Wife Have Rights in Utah?

Under Utah state laws, a common-law wife has legal rights similar to wives in traditional or formal marriages. The court allows common-law wives to get a fair share of all accumulated properties and assets in the event of a divorce. In addition to this, common-law wives can claim survivor rights, health insurance benefits, and access to their partner's properties after the partner's death.

Can a Common-Law Wife Collect Social Benefits in Utah?

Common-law wives in relationships formed in Utah are eligible to receive social benefits. Social Security Department will only grant social benefits to common-law couples that meet the following requirements:

The common-law partners formed the union in a jurisdiction where common-law marriage is valid and recognized;
Common-law couples can prove the existence of their union to the Social Security Department.

Common-law couples in Utah who meet the validity requirements must file for social security. The Social Security department requires common-law partners to fill out a Form SSA-754 (Statement of Marriage Relationship) alongside an affirmation from a blood relative (Form SSA-753).

Are Common-Law Wives Entitled to Half in Utah?

Common-law wives are not always entitled to half of their partner's properties and assets. State laws demand an equitable or fair division of accumulated properties during a common-law marriage. Most times, a fair division might not translate to a 50-50 split of properties and assets. The court may decide to let both parties keep whatever they brought into the relationship. Therefore, property division in common-law marriage is on a case-by-case basis.

How Do You Get a Common-Law Marriage Affidavit in Utah?

Common-law couples can not obtain a common-law affidavit in Utah. The state requires common-law couples to petition the court to recognize their relationship as a legal marriage. Common-law couples must present evidence of their relationship at the court to legitimize their relationship.

When Did Common-Law Marriage End in Utah?

Utah did not abolish common-law marriages. It only requires common-law couples to petition the court to recognize their relationship as a legal marriage.

What Is Considered Common-Law Marriage in Utah?

Per Utah state laws, common-law marriages do not exist until both partners petition the court to recognize their relationship. To legitimize the relationship, the court requires common-law couples to fulfill the set requirements and provide evidence of consent. Couples that satisfy the court’s conditions are eligible to receive spousal benefits under Utah marital laws.

What Is the Difference Between Common-Law Marriage and Domestic Partnership?

Common-law marriages are accepted and valid in many states, while domestic partnerships are only valid in the state where it was formed. In Utah, there is no distinct difference between common-law marriage or domestic partnerships. According to Utah state laws, all informal marriages are invalid until the partners petition the court to recognize their relationship as legally married.

Does the Federal Government Recognize Utah Common-Law Marriage?

The Federal Government will recognize common-law marriages formed in Utah. Legally approved common-law marriages in Utah are accepted and recognized in many states. Other common-law-approving states include Iowa, New Hampshire, Montana, Texas, Kansas, South Carolina, Colorado, and Rhode Island. In contrast, the Federal Government does not recognize common-law marriages formed in non-approving states.