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For Immediate Release
November 29, 2004
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Bill to Abolish Common-Law Marriage Signed by Governor

Similar to measure sponsored by Senator White 

Harrisburg -- Legislation that would prospectively abolish common-law marriages in the Commonwealth has been signed into law by the governor, according to state Sen. Mary Jo White (R-21), who added the common-law marriage language to the bill.  House Bill 2719 also exempts army reservists from the 3 day waiting period for a marriage license if they have been called or ordered to active duty.

Under the new law, common-law marriages entered into after January 1, 2005 will not be recognized by the state. The law will not affect such arrangements already in place, said White.

"We did this in response to concerns raised by Pennsylvania courts over the multitude of problems brought by common-law marriages," said White.

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.

"Common-law marriages are outdated arrangements, coming about more than a century ago when people were more isolated and it was not easy to travel to a district magistrate for a formal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," said White.  "The downside to such informal unions is that when they break down the courts are left to sort out, and rule on, private vows. That is an impossible task, and is why the courts have encouraged the legislature to take this action."

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