What is Common Law Marriage?
Oklahoma courts rely on a well-established test which includes the following elements:
both parties to the alleged common-law marriage must have the legal capacity to enter into the marriage (they must be of sufficient age and not married to anyone else)
there must be an actual and mutual agreement between the parties to enter into a permanent and exclusive marriage (this must be a current agreement; being engaged or agreeing to get married at some point in the future doesn’t count.)
there must be cohabitation as man and wife or consummation of the marriage, and
the parties must hold themselves out to the community as husband and wife.
The person seeking to show a common-law marriage must prove all of these elements by clear and convincing evidence. If clear and convincing evidence is missing as to any part of the above-referenced test, the claim of a common-law marriage will fail.
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