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For Immediate Release
May 10, 2004
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White Bill to Abolish Common-Law Marriage Passes Senate

Harrisburg – Responding to concerns raised by Pennsylvania courts, the state Senate today overwhelmingly approved legislation sponsored by state Sen. Mary Jo White (R-21) that would prospectively abolish common-law marriages in the commonwealth.

Common-law marriages are executed without a ceremony or witnesses – a couple simply declares themselves to be married. When such private arrangements break up, disputes over child custody and spousal benefits have proved difficult to sort out, said White.

In 1998, the state Supreme Court declared such arrangements a "fruitful source of perjury and fraud." In 2003, the Commonwealth Court declared it would no longer recognize such marriages. However, questions remained as to whether action by the General Assembly was needed to formally abolish common-law marriages.

Senate Bill 985 would resolve the matter, White said.

"Common-law marriages came about more than a century ago when people were more isolated and it was not easy to travel to a district magistrate for a formal ceremony. That is obviously not the case today," said White. "When such arrangements break down, it has been left to the courts to decide if such private vows were actually exchanged. That is an impossible task, and why the courts have encouraged the legislature to take this action."

Pennsylvania is one of only 11 states to recognize common-law marriages.

"Today's passage of Senate Bill 985 will do away with a convention that has outlived its usefulness, and spare the confusion, debate and pain that often results when these arrangements fail," said White.

The bill now goes to the House of Representatives for consideration.