Virginia legislation doesn’t acknowledge the institution of frequent legislation marriage inside the state’s borders. Which means that whatever the length a pair resides collectively or presents themselves as married, the state of Virginia is not going to legally take into account them married until they’ve obtained a legitimate marriage license and solemnized their union based on state statutes. This contrasts with another jurisdictions that permit a wedding to be acknowledged based mostly on cohabitation and public presentation as husband and spouse, offered particular standards are met.
The historic context reveals that whereas Virginia as soon as acknowledged frequent legislation marriage, it abolished the follow in 1785. This determination stems from a need to determine a extra formal and verifiable system for documenting marital unions. Consequently, the authorized advantages and protections afforded to married {couples} in Virginia, akin to inheritance rights, spousal advantages, and equitable distribution of property within the occasion of divorce, are unavailable to {couples} who haven’t formally married, no matter the size of their relationship. This authorized framework goals to supply readability and stop potential disputes concerning marital standing.
