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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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Implied Marriage Agreements

Implied Marriage Agreements

(p.365) CHAPTER 7 Implied Marriage Agreements
Common Law Marriage

Göran Lind

Oxford University Press

This chapter focuses on several aspects concerning inferred agreements in relation to marriage contracts. Section 7.2 addresses the reasons for accepting inferred agreements, with the establishment of a common law marriage. Section 7.3 considers the development of the law with respect to inferred agreements during the 1800s and 1900s. Section 7.4 addresses the status of inferred agreements today. Thereafter, a presentation concerning the most common evidentiary facts cited as support for inferred agreements is provided in Section 7.5. The courts's reasonings in a number of cases are further discussed in order to explore how the facts cited are used in the finding of the existence of an inferred marriage contract in Section 7.6 as well as the reasonings given in the cases in which no contract was found proven, as discussed in Section 7.7. The chapter ends with a summary and conclusions as to the present status of the law with respect to inferred agreements.

Keywords:   marriage contract, informal marriage, common law marriage, cohabitation, inferred agreements

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