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Common Law Marriages – Hold Onto Your Hats

Hold onto your hats folks, when this news bit came down the pipeline to my desk. In Colorado, the Court of Appeals ruled that a 15 year-old girl is old enough to be the common-law wife of a man more than twice her age. While I was a pretty mature 15 year-old, I am having a little trouble with this idea. The law is supposed to protect kids and teenagers – especially from impulsive rash decisions like announcing marriage to someone old enough to be her father.

Now, legal experts are speculating that this ruling is opening the door to the possibility those children as young as 12 years old could become common law wives. How can they do this? It’s under English Common Law and the largest problem it creates outside of the obvious issues of conflict between children and their parents. The decision is a potential nightmare for jurists when handed a child molestation case that cites this ruling. The Colorado courts have cited a 19th century U.S. Supreme Court decision and ignored the laws that have passed since that are designed to protect children from physical and sexual abuse.

A Blow to Marriage

This decision is a blow to the estate of marriage because marriage shouldn’t offer legal cover to adults that take advantage of minors. It should be about two consenting adults joining their lives together. Instead, this common law marriage only requires that the couple say they are married. That’s it, they don’t have to hold a ceremony, get a license or otherwise. Instead, a couple can declare they are married and thus, they are married under common law.

In a country that is arguing the debate fiercely about the rights of same-sex partners to enter into a marriage contract, I’m deeply troubled that our legal system is letting down parents and minors alike in turning this case around. Under the English common law that was cited, marriage is legal for girls at the age of 12 and boys at the age of 14.

According to the three judge panel there are no statutory or legislative guidelines that clearly cover common-law marriage and that there is no clear age of consent. However, the traditional ceremonial marriage that we generally recognize for marriage requires a minimum age of 18. With judicial or parental approval, that age can be as low as 16.

What do you think of the effect on common law marriage?

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This entry was posted in Marriage Debates and tagged , , , , by Heather Long. Bookmark the permalink.

About Heather Long

Heather Long is 35 years old and currently lives in Wylie, Texas. She has been a freelance writer for six years. Her husband and she met while working together at America Online over ten years ago. They have a beautiful daughter who just turned five years old. She is learning to read and preparing for kindergarten in the fall. An author of more than 300 articles and 500+ web copy pieces, Heather has also written three books as a ghostwriter. Empty Canoe Publishing accepted a novel of her own. A former horse breeder, Heather used to get most of her exercise outside. In late 2004, early 2005 Heather started studying fitness full time in order to get herself back into shape. Heather worked with a personal trainer for six months and works out regularly. She enjoys shaking up her routine and checking out new exercises. Her current favorites are the treadmill (she walks up to 90 minutes daily) and doing yoga for stretching. She also performs strength training two to three times a week. Her goals include performing in a marathon such as the Walk for Breast Cancer Awareness or Team in Training for Lymphoma research. She enjoys sharing her knowledge and experience through the fitness and marriage blogs.