Many believe that living with a partner for an extended period creates a "common law marriage." While this applies in some states, Utah does not recognise traditional common law marriage. However, Utah offers a legal process to have your relationship recognised as a marriage by the court, even without a formal ceremony.
This process is referred to as judicial recognition of a relationship as a marriage. If the court approves your petition, you and your partner are legally considered married from the date you met the requirements. This guide outlines the process, eligibility requirements, and necessary steps to follow. Understanding this process is essential for partners seeking legal rights related to divorce, inheritance, or benefits.
What is a Judicially Recognised Marriage?
In Utah, you cannot claim a common law marriage without court approval. You must petition the court to officially recognise your relationship as a legal marriage by demonstrating that you and your partner have acted as a married couple.
If the court grants your request, it issues a formal decree that retroactively validates your marriage. You are then legally considered married from the date you first met all legal requirements. This retroactive recognition is often sought for legal matters such as property division, benefits, or inheritance.
If you don't need to backdate your marriage for a specific legal reason, it is almost always cheaper, faster, and simpler just to get married through a traditional ceremony.
Who Qualifies for a Judicially Recognised Marriage?
To petition the court successfully, you must show that your relationship meets specific criteria under Utah law. The petitioner must demonstrate that both partners:
- We are of legal age and capable of giving consent.
- Were legally able to marry (e.g., not closely related).
- Lived together.
- Treated each other as if they were married.
- Presented themselves to others in a way that led people to believe they were married.
There is also a time limit for filing. The petition must be filed either during the relationship or within one year after the relationship ends, which can be due to separation or the death of one or both partners. The petition can be filed by either partner or, in some cases, by a third party, such as a next of kin.
How to Prove Your Relationship to the Court
The main challenge is proving that both you and your partner consented to be married and presented yourselves publicly as a married couple. The court requires concrete evidence, which may include:
- A written agreement stating your intention to be married.
- Witness testimony from people who were present when you agreed to assume marital responsibilities.
- Financial documents, such as joint bank accounts, credit cards, or loans.
- Joint ownership of property, like a house or a car (e.g., deeds with both names).
- Using the same last name for one or both partners.
- Filing joint tax returns.
- Referring to each other as "my husband" or "my wife" in front of friends, family, and colleagues.
- Listing each other as spouses on official documents like deeds, wills, or insurance policies.
Providing more evidence will strengthen your case.
Why Would Someone Need This?
Why go through a court process instead of just getting married? The main advantage is establishing a legal marriage date in the past. This can be critical in several situations:
- Divorce and Property Division: If an unmarried couple separates after years of living together and acquiring assets, they cannot get a traditional divorce. Recognising the relationship as a marriage allows the Court to divide property and assets equitably, just as it would for any other divorcing couple.
- Inheritance: If one partner dies without a will, the surviving partner may not have automatic inheritance rights. A judicially recognised marriage establishes them as the legal spouse, granting them inheritance rights.
- Benefits: It may be necessary to claim insurance benefits, retirement funds, survivor benefits, or public assistance that are only available to legal spouses.
- Wrongful Death Claims: If a partner is killed due to someone else's negligence, the surviving partner may need to be recognised as a spouse to file a wrongful death lawsuit and claim damages.
It's essential to note that you do not need to recognise your relationship as a marriage to establish child custody, parenting time, or child support. These issues can be handled through a separate petition to establish parentage.
Steps to Get Your Relationship Recognised as a Marriage
The court process can be complex, so obtaining legal advice is often recommended. The general steps are as follows.
1. Fill Out the Required Forms
The petitioner (the person starting the case) must complete several legal forms. These typically include:
- Utah District Court Cover Sheet for Domestic Relations Cases
- Petition to Recognise a Relationship as a Marriage
- Summons
2. File the Documents with the Court
File the completed forms in the district court of your county. A filing fee is required, but you may apply for a fee waiver if you cannot afford the cost.
3. Serve the Other Party
After filing, you must notify the other person (the respondent) by serving them with court papers in accordance with legal requirements. The respondent then has 21 days to respond if served in Utah, or 30 days if served elsewhere.
4. Proceed Based on the Response
What happens next depends on how the other party responds:
- If the respondent files an Answer, the case proceeds. You may be required to attend mediation to reach a mutually agreed-upon agreement. If no agreement is reached, the case may go to trial.
- If the respondent agrees with your petition, they can sign a Stipulation form. This simplifies the process, allowing a judge to finalise the order without a trial.
- If the respondent is served correctly and does not file an Answer in time, you may request a default judgment. The judge can then grant your petition without input from the other party.
When to Seek Legal Counsel
While it's possible to navigate this process on your own, it can become complicated, especially if your case involves complex issues or if one partner is deceased or incapacitated. Consulting with an attorney who specialises in Family law can provide clarity and ensure your rights are protected.