What are the current indicators of common law marriage?
Full Question:
Answer:
Effective January 1, 2005, Common Law Marriage is abolished in Pennsylvania. Governor Rendell signed the bill into law several days ago. This applies only to all common law marriages entered into after January 1, 2005. As to all common law marriages properly entered into before January 1, 2005, these will remain valid if they can be proven to be valid as required by law.
In order for a common law marriage to be found to be valid, the party must prove that the man and the woman, before two witnesses, declared their present intent to be married by saying to each other words similar to: "From this date forward, I consider you to be my (husband or wife)." There are no magic words; the couple only needs to convey a present tense intent to be married.
If a couple cannot prove such a ceremony, then they may be able to prove that they are common law married by proving that they held each other out to be Husband and Wife to community. There is no magic formula to prove that a common law marriage. Each is evaluated on a case by case basis.
