Common Law Marriage in RI

Common law marriage, occasionally referred to as "Sui Juris" marriage; is an informal unions of interpersonal status which is legally recognized in specific jurisdictions as being valid even though no legally recognized marriage ceremony has been performed. This also means that no civil marriage contract has been entered into a civil registry. In Rhode Island, Common-law marriages are legally binding in some jurisdictions, yet have no legal consequence in others. The validity and practice of a common law marriage is based upon which jurisdictions recognize them, which can differ from place to place. Common-law marriages may be recorded in public records, though they are not licensed by government authorities, nor are they solemnized before witnesses in a wedding ceremony.

Cohabitation alone fails to constitute common-law marriage in Rhode Island, because both parties must present themselves to the world as spouses, and that includes mutual consent. When courts review a common law marriage to determine its validity, it considers a totality of circumstances rather than specific factors. Establishing a common law marriage in Rhode island is akin to amassing a variety of factors together in order to achieve recognition, rather than focusing on a specific factor to validate the union.

Is a PreNuptial Agreement Right for You?

We all love weddings and seeing someone happily married, and always wish for the continuation of their wedded bliss. However, sometimes, situations arise that require us to protect ourselves in the face of unforseeable changes in our circumstances. Having a pre-marital agreement can be a lot like having life insurance, not something you ever want to use, and yet great to have as a safety-net should you ever need it.

If you are entering into a marriage later in life, or are entering into a marriage with a great deal of financial assets, intellectual or real property, a prenuptial agreement might be something you need to seriously consider.

In entering into this kind of agreement, you are not saying that you are planning to get a divorce, or that you have no trust for your spouse-to-be, you are saying that you are both mature individuals, who have worked hard all your life and are reaping the rewards for a life well lived; that you are both smart enough to realize that unexpected things do happen, and you take precautions to take care of yourselves, even while providing for the happiness and security of one another.

Too many people see a prenuptial agreement as a one-sided contact where the person who wants to create the document will be reaping unfair rewards should the marriage come to an end. This is simply not the case. In most prenuptial documents, both parties interests are represented and preserved, so that no one has an unfair advantage. These documents can even be drafted in plain and simple language, between two people who love one another, and plan on spending their lives together, while accepting that the unexpected is also a fact of life.

If you are planning to get married and one or both of you has substantial assets to bring to the union, consider the consultation of a legal representative who can help you find the best way to preserve your interests and provide for the security of your loved one.