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Common Law MarriageA Legal Institution for Cohabitation$
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Göran Lind

Print publication date: 2008

Print ISBN-13: 9780195366815

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195366815.001.0001

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Burdens of Proof and Presumptions

Burdens of Proof and Presumptions

(p.585) CHAPTER 9 Burdens of Proof and Presumptions
Common Law Marriage

Göran Lind

Oxford University Press

Legal practitioners are aware that the possibility of success in a lawsuit is often highly dependent upon the procedural requirements resulting from the applicable evidentiary rules pertaining to burdens of proof and presumptions. This is just as true for claims regarding the existence of common law marriages. At the same time, these rules and their underlying intentions reflect the attitudes of both the courts and legislatures toward the legal concept of common law marriage. This chapter examines the evidentiary rules pertaining to burdens of proof and presumptions, their purposes, and their application by the courts. Of particular interest is the marriage presumption; its origin and underlying values; the elements that must be proved to invoke its application, and its legal effects and relationship to the substantive law and fundamental evidentiary rules with respect to the burden of proof and the standard of persuasion.

Keywords:   marriage presumption, information marriage, standards of proof

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