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Old 08-13-2006, 03:08 AM   #11
Tonchi
Victim of gravity
 
Join Date: Mar 2005
Location: Hiding in plain sight
Posts: 1,412
Quote:
Originally Posted by Clodfobble
Initially, it was because there were some people who literally couldn't afford to get married, because of the various government and officiator fees. Now it has become easier and cheaper to get married. My parents were common-law married, because they both thought weddings were dumb and didn't want to bother with the hassle of getting a marriage license from the government.
It's my understanding that it entered the legal code because during the Middle Ages (probably earlier but the Middle Ages is when codified law started in England) it was required that a priest perform all sacraments, and specifically marriage and baptism. But priests were not available in many areas, or only occasionally. Couples might have had to wait years before they could stand before a priest, and babies tended to happen without the blessing of the church. To avoid the stigma, a couple was allowed to proclaim THEMSELVES married and get on with the housekeeping. That is the key point of common-law marriage, you have to publicly say that you are married. Shacking up for years does not constitute a common law marriage, as many abandoned women have discovered in court.
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