Does Utah recognize common law marriage? What is common law marriage anyway?

Does Utah recognize common law marriage?

Utah law does provide for recognition of a marriage that was not solemnized (i.e., not made legal by a formal, legal marriage ceremony), but only if the couple meets all of the legal qualifications for a common law marriage. Those requirements are found in Utah Code § 30-1-4.5:

30-1-4.5. Validity of marriage not solemnized.

(1) A marriage which is not solemnized according to this chapter shall be legal and valid if a court or administrative order establishes that it arises out of a contract between a man and a woman who:

(a) are of legal age and capable of giving consent;

(b) are legally capable of entering a solemnized marriage under the provisions of this chapter;

(c) have cohabited;

(d) mutually assume marital rights, duties, and obligations; and

(e) who hold themselves out as and have acquired a uniform and general reputation as husband and wife.

(2) The determination or establishment of a marriage under this section shall occur during the relationship described in Subsection (1), or within one year following the termination of that relationship. Evidence of a marriage recognizable under this section may be manifested in any form, and may be proved under the same general rules of evidence as facts in other cases.

Utah Family Law, LC | | 801-466-9277

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