Common Law Marriage as Opposed to Statute Law, Why Not?
There are many advantages to marrying under common law.
- You can be married by a family member or friend of your own choice.
- You will not have a stranger performing the ceremony.
- You are not entering into contract with the State.
- You are not bound by The Marriage Act 1961
- You are free from legal turmoil if you decide to end the marriage.
It is said that a Common Law Marriage does not involve a ceremony. This is incorrect. It’s well known that couples who live together for a certain amount of time are considered legally married under common law. the couple can also have a wedding ceremony under common law. They can have a traditional wedding with all the trimmings. And this includes:
- a church wedding
- a wedding dress
- a wedding cake
- the wedding rings
- have a marriage certificate
- can go away on a honeymoon, why not?
Nothing needs to be lost by opting for a common law wedding as opposed to statute law. It is still a traditional wedding that is a personal contract with added benefits. Why wouldn’t it be? After all they’re not marrying the State.
What happens also is that the romance is not lost in a legal process. It is a personal affair and there would be still a proposal etc. A common law marriage is more intimate and personal than a statute law marriage.
There is no contract with the State they sign so couples are not bound by the State and by the Marriage Act 1961. Contracting with the State becomes very expensive if things go wrong and they decide to end the marriage. Nearly everyone knows someone who’s had a messy divorce. That doesn’t happen under a common law marriage unless the couple involved want it to be and that’s not very likely. Only lawyers win when couples split and divorce under statute law. Everyone knows that.
A common law marriage is different because you are in control and not lawyers. Tradition is that he couple discuss their wishes with family and fritend before the marriage takes place. They agree on what they want to happen if they did decide to separate some time down the track. Then their agreement becomes a matter of honour and the relatives will do what is best for all concern. That is a much better arrangement and it is a more civilized way of ending a marriage if they part company. Common law weddings are coming back into vogue in mainstream Australia. It is not a privilege that is reserved only for certain community groups. If it was once it is not any more.
The association of UPMART in partnership with the church of SOCIA will marry couples at common law. This service is also at no cost to the couple getting married. A stipulation though, is that the couple to be married must first attend an UCLC to be eligible for the marriage service. This stipulation is so that they become aware of how to obtain full benefit by marrying at common law. Couples also may help design their marriage certificate. Designing your own common law marriage certificate is a personal affair as opposed what you get when marrying under statute law.
We would like to know your thoughts or experiences on the topic and commenting is encouraged. What is your opinion on a wedding ceremony that is under common law?
To find out more visit: www.upmart.org