What characterizes common-law marriage?

Common-law marriage is characterized primarily by the mutual agreement between the parties that they are married and their public cohabitation. This type of marriage does not require a formal wedding ceremony or a marriage license, which distinguishes it from traditional marriages. Instead, what is essential is that both parties present themselves as married to society and live together in a manner that indicates they are in a marital relationship.

Public cohabitation refers to the couple living together as a married couple and the acknowledgment of their relationship by the community. The mutual consent and agreement to be considered married are crucial elements that create a common-law marriage. This concept is rooted in the understanding that the intention of the parties to enter a marriage-like relationship, alongside their conduct, suffices without the formalities typically associated with marriage.

Factors such as the age of the parties or the requirement of a formal ceremony are not necessary for establishing a common-law marriage, and these conditions reflect circumstances not applicable to this type of union.