GN 00307: Foreign Evidence
TN 34 (02-12)
A. Policy on common law marriages outside the United States
Do not make assumptions about the recognition of common law marriage for any country not listed in this section.
B. List of countries with precedent opinions on the recognition of common law marriages outside the United States
The table lists by country the current precedent opinions available on the recognition of common law marriages outside the United States. Information not listed reflects non-existing opinions. A legal opinion may be necessary for periods or for countries not listed.
Country |
Recognition |
---|---|
Argentina |
Not recognized through January 2012 |
Australia |
Not recognized from September 1963 to January 1976 |
Austria |
Not recognized through May 1953 |
Bahamas |
Not recognized from January 1902 through January 1949 |
Belgium |
Not recognized through November 1985 |
Bermuda |
Not recognized from June 3, 1944 through January 1949 |
Canada | |
|
Not recognized from January 1930 through October 1990, except in very remote areas where it is impossible to have an authorized official perform a marriage ceremony.
Request a legal opinion for cases where there is a question about the possibility of deemed status as a wife or child and there is no precedent to fit the individual case situation. |
|
Not recognized from January 1940 through March 1954 |
|
Not recognized from January 1952 through March 1976 |
|
Not recognized from January 1956 through January 1971 |
|
Not recognized through May 1987 The 1986 Ontario Family Law Act, while conferring some rights on cohabitants, neither recognizes the relationship as a valid marriage nor grants the same status as a spouse for the taking of intestate personal property. |
|
Not recognized through June 1961 |
|
Not recognized through June 2015 |
|
Not recognized from January 1970 through January 1983 |
Colombia |
Not recognized through January 1966 |
Costa Rica |
Not recognized from January 1973 to January 1978 |
Cuba |
Recognized from October 19, 1940 through June 1986 Cohabitation is not sufficient to produce legal effects. A final court judgment must validate the relationship granting the same status as a civil marriage. |
Denmark |
Not recognized from June 30, 1922 through July 1953 |
Dominican Republic |
Not recognized through March 1963 |
El Salvador |
Not recognized from January 1928 through January 1958 |
England (see United Kingdom) |
|
Fiji |
Not recognized from January 1967 through July 1970 |
France |
Not recognized through May 1987 |
Germany, West |
Not recognized through February 1963 |
Greece |
Not recognized through April 1969 |
Guatemala |
Not recognized from January 1947 through March 1962 |
Haiti |
Not recognized from January 1946 through March 1964 |
Honduras |
Not recognized from June 16, 1965 through October 1982 Although the Honduran constitution provides for the acknowledgement of de facto unions, there are no laws that effectuate this acknowledgment. |
Hungary |
Not recognized from January 1947 through August 1982 |
Israel
|
Not generally recognized through February 1980 However, in some death cases, such a union can give the survivor inheritance rights which provides widows benefits for Social Security purposes. To secure such rights:
|
Ireland, Republic of |
Not recognized through November 1960 |
Italy |
Not recognized through October 1951 |
Japan |
Not recognized through August 1971 |
Korea, South |
Not recognized from January 15, 1962 through March 1970 |
Mexico |
Not recognized through February 1986 EXCEPTIONS:
|
Norway |
Not recognized through February 1997 |
Philippines |
Not recognized through August 1959 |
Romania |
Not recognized through August 1974 |
Scotland (see United Kingdom) |
|
Spain |
Not recognized through March 1952 |
Thailand |
Recognized prior to October 1, 1935 Not recognized from October 1, 1935 through May 1985 unless validly registered with the civil authorities. Valid common law relationships that were effective prior to October 1, 1935 are subsequently recognized. |
Trinidad and Tobago |
Not recognized from January 1902 through July 1948 |
United Kingdom | |
|
Not recognized through August 1957 |
|
Not recognized from January 1, 1940 through February 1957 |
Vietnam |
Not recognized from January 1964 through April 30, 1975 |
Yugoslavia |
Not recognized from January 1954 through December 1957 |