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Understanding Consensus Non Concubitus Facit Matrimonium: The Essence of Marriage
Definition & Meaning
The phrase "consensus non concubitus facit matrimonium" translates to "consent, not cohabitation, makes a marriage." This legal maxim emphasizes that the essential requirement for a marriage is mutual agreement between the parties involved, rather than simply living together. In various legal traditions, including common law and civil law, this principle asserts that a valid marriage can exist based solely on the expressed consent of both partners, regardless of whether they cohabit or keep their marriage private.
Table of content
Legal Use & context
This maxim is primarily used in family law, where it defines the fundamental nature of marriage. It serves as a guiding principle in cases involving marriage validity, divorce, and related legal matters. Understanding this concept can help individuals navigate the legal landscape of marriage, including the use of legal forms and templates available through resources like US Legal Forms, which can assist in drafting agreements that reflect mutual consent.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: Two individuals decide to marry in a private ceremony without living together beforehand. Their mutual agreement and the ceremony constitute a valid marriage, despite no cohabitation occurring prior.
Example 2: A couple agrees to marry but chooses to keep their relationship secret for personal reasons. Their agreement still forms a valid marriage under the principle of consensus non concubitus facit matrimonium. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Marriage Requirements
California
Mutual consent is sufficient; no cohabitation required.
New York
Similar to California; consent is the primary requirement.
Texas
Marriage can be established through mutual consent; cohabitation is not mandatory.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Difference
Cohabitation
Living together as a couple without being legally married.
Cohabitation does not equate to marriage without mutual consent.
Common law marriage
A marriage recognized without formal registration, based on cohabitation and mutual consent.
Common law marriage often requires a period of cohabitation, unlike the maxim which does not.
Formal marriage
A legally recognized union typically involving a ceremony and registration.
Formal marriage requires additional steps beyond mutual consent.
Common misunderstandings
What to do if this term applies to you
If you believe that you or someone you know may be in a situation involving this legal principle, consider the following steps:
Document any agreements made regarding marriage to establish mutual consent.
Explore legal forms that can help formalize your agreement through resources like US Legal Forms.
If complications arise, or if you have questions about your specific situation, consult a legal professional for personalized advice.
Find the legal form that fits your case
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