In New Jersey, common-law marriages are not recognized. The state abolished the recognition of common-law marriages in 1939 through N.J.S.A. 37:1-10, which declares such unions void if contracted after December 1, 1939. Therefore, regardless of the duration of cohabitation or the couple’s intentions, New Jersey law requires a formal marriage license and ceremony to establish a legally recognized marriage.
Solution for Couples Seeking Legal Recognition in New Jersey
Couples desiring legal recognition of their relationship in New Jersey have the following options:
1. Formal Marriage: The most straightforward method is to obtain a marriage license and participate in an official ceremony. This process ensures full legal recognition and access to all associated marital rights and benefits.
2. Domestic Partnership: New Jersey offers domestic partnerships primarily for same-sex couples and opposite-sex couples aged 62 and older. To qualify, partners must share a common residence, be jointly responsible for each other’s welfare, and meet other specific criteria. Domestic partnerships grant certain rights, such as hospital visitation and inheritance rights, but they do not encompass all the benefits of marriage.
3. Cohabitation and Palimony Agreements: Unmarried couples can enter into cohabitation agreements to outline the division of property, financial responsibilities, and other aspects of their relationship. Additionally, palimony agreements allow one partner to seek financial support after a separation, provided there is a written and signed agreement. It’s important to note that verbal promises are generally not enforceable in these cases.
Understanding the Implications
It’s crucial to recognize that, in New Jersey, merely living together, regardless of the number of years, does not confer the legal status of marriage. Without formalizing the relationship through one of the recognized legal avenues, couples may lack essential rights, including:
Property Rights: In the absence of a legal agreement, assets acquired during the relationship may not be considered jointly owned. This distinction can lead to complications if the relationship ends or if one partner passes away.
Healthcare Decisions: Without legal recognition, partners may not have the authority to make medical decisions on behalf of each other or have guaranteed hospital visitation rights.
Inheritance Rights: Unmarried partners are not automatically entitled to inherit assets from a deceased partner without a valid will or legal agreement in place.
Recognition of Out-of-State Common-Law Marriages
While New Jersey does not permit the formation of common-law marriages within the state, it does recognize such marriages legally established in other states where common-law marriage is valid. This recognition is in line with the U.S. Constitution’s Full Faith and Credit Clause, which requires states to honor the public acts, records, and judicial proceedings of other states.
Conclusion
For couples in New Jersey seeking legal recognition of their relationship, it’s imperative to understand that common-law marriage is not an option. To ensure legal rights and protections, couples should consider formalizing their union through marriage, registering as domestic partners (if eligible), or drafting comprehensive cohabitation or palimony agreements. Consulting legal professional can provide personalized guidance tailored individual circumstances, ensuring that both partners’ rights protected under New Jersey law.
