The term "marriage per verba de praesenti" refers to a type of marriage that is established through spoken words of present agreement between two parties. This form of marriage does not require any formal ceremony or the involvement of an authorized officiant. Instead, it relies solely on the mutual consent of the partners to be married at that moment.
This concept is primarily relevant in family law, particularly in the context of common-law marriages. It allows couples to form a legally recognized marriage without the need for a formal ceremony, provided they express their intent to marry verbally. Individuals can often manage the legal aspects of their marriage through forms and templates available from legal service providers like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: Two partners decide to marry while having a conversation at home. They express their love and commitment to each other verbally, effectively creating a marriage per verba de praesenti.
Example 2: A couple has been living together for years and verbally agrees to be married during a family gathering, indicating their intention to be recognized as married without any formal ceremony. (hypothetical example)
| State | Common Law Marriage Recognition |
|---|---|
| Texas | Recognizes common law marriage; requires a declaration of intent. |
| Colorado | Allows common law marriage; no formal ceremony needed. |
| California | Does not recognize common law marriage; formal marriage required. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| Common Law Marriage | A marriage recognized by law based on the couple's actions and intent, without a formal ceremony. | Common law marriage may require cohabitation and public acknowledgment, while marriage per verba de praesenti focuses solely on verbal agreement. |
| Formal Marriage | A marriage that is legally recognized after a formal ceremony and often requires an officiant. | Formal marriage involves a ceremony, whereas marriage per verba de praesenti does not. |
If you believe you have entered into a marriage per verba de praesenti, consider documenting your agreement and any relevant circumstances. You may want to consult a legal professional to understand your rights and obligations. Additionally, you can explore US Legal Forms for templates that can assist you in formalizing your marriage or addressing any related legal matters.
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Yes, it can be contested based on lack of consent or intent.