New Jersey, like many other states, once recognized common-law marriages, also known as informal marriages. However, New Jersey no longer recognizes new common-law marriages. This means that couples who cohabitate and represent themselves as married after a certain date will not be legally considered married under New Jersey law. This change in the law has significant implications for couples and their property rights, inheritance, and other legal considerations. Let's delve deeper into the specifics.
When Did New Jersey Stop Recognizing Common-Law Marriages?
New Jersey officially stopped recognizing new common-law marriages on January 1, 2009. Couples who entered into a common-law marriage before this date may still have their marriage recognized by the state, but establishing that marriage requires proving it existed under the previous legal standards. This presents its own set of complexities.
What Constitutes a Common-Law Marriage in New Jersey (for those established before 2009)?
Even though no new common-law marriages are recognized, understanding the previous requirements can be crucial for those attempting to prove the existence of a common-law marriage formed before 2009. To be considered legally married under New Jersey's previous common-law marriage statute, couples needed to meet three critical criteria:
- Cohabitation: The couple must have lived together.
- Representation to others: The couple must have presented themselves to others as husband and wife. This could involve telling family, friends, or neighbors; filing joint tax returns; or using the same last name.
- Mutual agreement: The couple must have mutually agreed to be married. This agreement doesn't need to be formalized, but evidence of the mutual intent to be married must exist.
Proving these three elements can be challenging and often requires substantial evidence. This can include witness testimonies, joint financial records, photographs, and other documentation.
What Happens If a Couple Lived Together Before 2009 But Didn't Meet the Requirements?
If a couple lived together before 2009 but didn't meet all three criteria for common-law marriage, they are not considered legally married in New Jersey. Their rights and responsibilities regarding property, finances, and inheritance would be determined by other legal frameworks, such as cohabitation agreements or laws pertaining to unmarried couples.
What Are the Legal Implications of Not Having a Formal Marriage?
The lack of legal marriage can have significant implications for couples, including:
- Property rights: In the absence of a legal marriage, property division in the event of a separation or death would not be subject to equitable distribution laws, typically more advantageous in marriage dissolution. Instead, property rights would be determined based on ownership documents and other evidence.
- Inheritance: Intestacy laws (laws that govern inheritance when someone dies without a will) would determine inheritance, potentially leading to different outcomes than if the couple were married.
- Spousal support: Spousal support (alimony) is not available in the absence of a legal marriage.
- Medical decisions: A spouse typically has the right to make medical decisions for their partner. This right does not automatically exist for unmarried partners.
How Can Couples Protect Themselves in New Jersey?
Given the elimination of common-law marriages in New Jersey, couples who wish to secure their legal rights and responsibilities should consider:
- Formal Marriage: The most straightforward way to establish legal rights and responsibilities is to get formally married.
- Cohabitation Agreements: A cohabitation agreement can define each party's financial and property rights during the relationship and in the event of separation or death. This is a highly recommended alternative.
This information is for general guidance only and does not constitute legal advice. It is crucial to consult with a qualified New Jersey attorney for personalized advice regarding your specific situation and circumstances concerning common-law marriage or cohabitation in New Jersey.
