How does one prove a common law marriage?
Most marriages are established by following statutory procedures. They are commonly called ceremonial marriages. Oklahoma is one of only a handful of states (8 at last count) to recognize consensual non-ceremonial marriages. These are called common law marriages. They are formed by the consent of the parties who enter into the marriage, without meeting all the state requirements, such as a ceremony or a license. In other words, common law marriage is a state of mind. Oklahoma case law sets forth a five-part test to establish a common law marriage: • An actual and mutual agreement between the spouses to be husband and wife; • A permanent relationship; • An exclusive relationship; • The parties to the marriage must hold themselves out publicly as husband and wife, and; • Cohabitation as man and wife (There is actually a split of authority on this particular standard). The party asserting a common law marriage must prove all of these elements by clear and convincing evidence. This can be
