Countless people throughout Utah are involved in long-term committed relationships known as common law marriages. Although couples in these relationships are not legally married, they must deal with many of the same challenges and obstacles of married couples when the relationship ends–including the division of assets, property along with child custody issues. Because Utah does not have any common law marriage laws on the books, there can be some questions and misunderstandings concerning these issues. Fortunately, there are legal solutions. My name is Christopher M. Ault and I am a Salt Lake City common law marriage attorney. Over the years, the legal team The Ault Firm has successfully represented many clients involved in common law marriage disputes.
What Types of Relationships are Recognized as Marriage in Utah?
Although there are no laws on the books governing common law marriage in Utah, a person can petition the court to recognize their relationship as a marriage despite no legal license. There are several reasons why it is beneficial to have the court recognize your relationship. It can make a huge difference when it comes time to file for insurance claims, retirement benefits or dividing property and assets after a breakup. For the court to recognize your relationship as a common law marriage, the petitioner must prove the following:
- Both parties are of legal age and capable of consent
- The parties lived together for a significant amount of time
- Both parties treat each other as a spouse
- Both parties present themselves to others as a married couple
- Both parties are capable of entering marriage without any legal obstacles
Protecting the Rights of Those in Common Law Marriages in Salt Lake City
When it comes to common law marriage in Utah, the truth is most couples do not properly understand their rights. As a Salt Lake City common attorney, my first objective is to educate each client of their rights and to make sure they are protected. Failure exercise your rights can result in the loss of valuable assets and property you have worked hard to earn. Because there are some key fundamental differences between traditional marriage and common law marriage, it is vital to receive legal counsel from a Salt Lake City common law marriage attorney that properly can look after your best interests. The legal team at Ault Firm can provide representation and help clients with the following common law marriage issues: