Future Business Leaders of America (FBLA) Business Law Practice Exam

What is common-law marriage?

1. A legal marriage sanctioned by the government

2. An informal type of marriage created by the parties themselves

3. A marriage that is recognized only in certain states

4. A union between two individuals for tax purposes only

The correct answer is: An informal type of marriage created by the parties themselves

Common-law marriage refers to a form of marriage that is established by the actions and mutual agreement of the individuals involved, rather than through a formal ceremony or legal registration. In a common-law marriage, the couple must cohabit and present themselves to the public as a married couple, demonstrating an intent to be married. This type of marriage is not created by a government authority but instead arises from the conduct and mutual consent of the parties. While some jurisdictions recognize common-law marriage under specific circumstances, it is not valid everywhere, which distinguishes it from legally sanctioned marriages that require some form of government approval or ceremony. Additionally, common-law marriages are not purely contractual arrangements made for practical reasons, such as tax benefits, but rather reflect a commitment and recognition of a marital relationship by the couple.