Common law marriage

Aero87

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I haven't posted here much, but I have a question for everyone here about common law marriage. If a couple have been living together and are considered to be in a common law marriage by the government and consider each other to be their lifetime partner, are they sinning?

I'm just wondering because after reading through the Bible twice, I have yet to see a verse that flat out says that this is considered a sin. From my understanding, when a man leaves his parents and becomes one with a woman (which I take to mean having sex with her) they become one and are considered married by God. So if they do this and the State considers them to be married as well, are they still sinning?
 

LinkH

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I haven't posted here much, but I have a question for everyone here about common law marriage. If a couple have been living together and are considered to be in a common law marriage by the government and consider each other to be their lifetime partner, are they sinning?

I'm just wondering because after reading through the Bible twice, I have yet to see a verse that flat out says that this is considered a sin. From my understanding, when a man leaves his parents and becomes one with a woman (which I take to mean having sex with her) they become one and are considered married by God. So if they do this and the State considers them to be married as well, are they still sinning?


In the Old Testament, if a man slept with a virgin who is not betrothed to be married and they are discovered, he would have to pay the bride price and take her as his wife. If her father refused to give her to him,he would still have to pay the bride price for virgins.

Sleeping together did not make them married.
 
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Autumnleaf

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In the Old Testament, if a man slept with a virgin who is not betrothed to be married and they are discovered, he would have to pay the bride price and take her as his wife. If her father refused to give her to him,he would still have to pay the bride price for virgins.

Sleeping together did not make them married.

So its a matter of paying the father off to make it legal?
 
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JaneFW

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I would be interested in a scriptural answer to this, for the simple reason that my eldest son is talking about living with his g/f in the next couple of years. I would prefer him to marry her and have made my feelings knows - while being aware that I can't force the issue. It would help give some weight if there were scriptures.
 
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k450ofu3k-gh-5ipe

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I would be interested in a scriptural answer to this, for the simple reason that my eldest son is talking about living with his g/f in the next couple of years. I would prefer him to marry her and have made my feelings knows - while being aware that I can't force the issue. It would help give some weight if there were scriptures.

I can re-post what I said in another thread regarding pre-marital sex. Bear with it, it's quite long!
 
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k450ofu3k-gh-5ipe

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Not to bust on you, but wouldn't what you have stated about a desert island scenario equal sin, since there are not multiple witnesses?

The only way I could see a situation like that happening again is if a man and a woman were somehow stranded on a random desert island. If that is the case, then I believe the man and the woman would be able to be married before God without the presence of any other witnesses. But we are obviously not talking about that situation.

Read what I said about that hypothetical desert scenario again. I'm saying the desert scenario would be the only applicable situation that I can think of off the top of my head where no ceremony and no witnesses would be entirely fine, but we are not talking about that scenario in the OP.

Also, where in the OT and NT that says one cannot live with another of the opporite sex or even have premarital sex?

I'm not going to address the living together statement because we agree there. I don't think there's anything wrong with unmarried people of opposite genders living together in platonic relationships.

As for pre-marital sex the Bible gives no prescriptive commands directly against premarital sex, but at the same time it also does not give any prescriptive commands to have sex to become married nor does it describe non-married sex automatically making a couple married. Without clear, prescriptive Biblical commands for or against pre-marital sex, I will go back to the Bible to find what I believe is significant evidence supporting a wedding before sex:

The Bible has numerous accounts of weddings, dowries, feasts, and other Jewish marriage customs include having a rabbi lead the ceremony, and we know from studying history that Jewish customs have included marriage ceremonies right from the beginning of Judaism (Jacob marrying Leah and Rachel). Jesus even performed his first miracle at a wedding. Ancient Jews (and modern day traditional Jews) consummated their union after their ceremonial wedding; there's even an old Yiddish saying of "no chuppah, no schtuppa" or "no wedding, no bedding". Jewish customs dictated wedding before consummation.

This information brings us to an important cultural context through which we must read the NT as well as the OT. Weddings and marriage were a normal, customary event throughout Biblical history--the wedding always preceded the consummation--and the authors of the NT, being the ancient Jews that they were, knew and were steeped in this custom. All the writers of the NT would have known and been familiar with these customs. Keep this in mind when reading the Bible. Paul writes in 1 Corinthians 7:7-9
7. I wish that all men were as I am. But each man has his own gift from God; one has this gift, another has that. 8. Now to the unmarried and the widows I say: It is good for them to stay unmarried, as I am. 9. But if they cannot control themselves, they should marry, for it is better to marry than to burn with passion.
In verse 7 Paul is saying that he wishes that all could remain single so as to better serve the Lord; he repeats this again in verse 8. When he is referring to different "gifts" he is talking about sex drive. So basically, "some people have low sex drive and some people have high sex drive; I (Paul) wish that all people were like me and had low sex drive." He then says that unmarried people who cannot control themselves ("cannot control themselves" meaning that they strongly desire sex and cannot exercise enough self control to keep themselves from sinning) should marry.

Marriage, to Paul and any other new testament writer, would have required first a wedding then the consummation of that wedding--not the other way around (as I've shown historically speaking). So Paul is saying that in order to avoid sin because of a person's lack of self control a person should marry. To me that's pretty clear evidence that marriage is God ordained and in order to not sin you need to marry before having sex.

Another passage I'd like to look at is Matthew 19:3-6:
3 Some Pharisees came to him to test him. They asked, “Is it lawful for a man to divorce his wife for any and every reason?” 4 “Haven’t you read,” he replied, “that at the beginning the Creator ‘made them male and female,’ 5 and said, ‘For this reason a man will leave his father and mother and be united to his wife, and the two will become one flesh’? 6 So they are no longer two, but one flesh. Therefore what God has joined together, let no one separate.”
This passage is oftentimes referred to as the "leave and cleave" passage. As a reminder, Jesus knew Jewish culture and customs of the day so he knew of the wedding ceremony and consummation of the wedding. He even framed it in a very specific order which determines that the "union" or wedding or contract comes before the consummation. The Pharisees framed the question in such a way (by saying man and his wife) that there is no doubt in our minds that they were referring to a married man and woman. Jesus then goes on to describe the physical, emotional, and spiritual events that take place when a couple becomes husband and wife in a very specific order:

1. The man leaves his father and mother physically and emotionally.

2. He unites to his wife in holy matrimony (wedding ceremony)(also, notice how the couple are referred to as man and wife before the final consummation occurs).

3. And lastly, the two become one flesh both physically, emotionally, and spiritually (consummation).

Furthermore, God is spiritually over all of this: "therefore what God has joined together (physically, emotionally, and spiritually) let no man separate." I would like to take this time to address something you said in your second post because it relates to what this paragraph is about. Here's your post:
So a marriage is a contract? So what makes it different from a business contract?

Technically could sign a contract with two witnesses and a priest in a covent with a business partner. The truth is - its not a piece of paper that makes a marriage a marriage. People used just get married in front of priest and may have had a witness. God is a witness since he is always present, correct?

This response has to do with my previous paragraph because the same verses are involved. Marriage is most definitely a contract. It is different from a business contract because God is at the core. The very definition of consummate is "to bring to completion or fruition; conclude". The very act of consummation following a wedding is quite literally the signature which concludes the wedding contract. The contract consists of the wedding, vows, witnesses, and God overseeing all. The final signatory act is consummation. "Therefore, what God has joined together let no man separate." God sees each part of the contract including consummation and puts his final stamp of approval on each step.

The vows make up the meat of the wedding contract. The wedding ceremony is the celebration of the contract. The witnesses are the earthly accountability to the contract (similar to how secular contracts require multiple witnesses or an officially recognized witness professionally known as a notary). And consummation is the final signature to the contract.

I do agree with you that a government slip is not required to have a marriage ceremony, vows, and consummation in the sight of God, but as long as the government doesn't force sin with the slip, it's a good idea to get it because we are instructed to obey government authorities when they are not asking us to sin.

Marriage is nothing more than what God intended for mankind; a marriage can be just as sinful as a couple having premarital sex, by the way the spouses treat each other. I am not condoning, nor supporting premarital sex, but debating on valid claims and merits of both sides. Personally I leave it up to each person's conscience; basically its between them and God, not you or I.
I'm confused by the first part of your first sentence. I agree with the second part of the first sentence but I would be extremely cautious in presuming that any sin is worse than another sin. I'm not willing to make those assumption because I just don't know. As to your last sentence, I believe that a reasonable amount of evidence exists supporting that pre-marital sex is not God-ordained. I think it's reasonable to conclude given my argument in this post that a God-ordained marriage starts with leaving father and mother, uniting to his wife (wedding), then becoming one flesh by consummating the marriage, in that exact order.

You are going by the grounds setforth by a secular government, which is outside the scope of the bible. You also missed my argument about the couple who lives in a society that does not permit marriage, yet lives together as though the were in a way that honors God, but are having sex without a marriage certificate, because the said document does not exist in that society. My Adam and Eve argument brought up a good point, because now you are now trying to defend an argument based upon pure speculation. Contextually God implied that we should only be in monogomous relationships; however, marriage does become defined until later in the OT. So now we have a dilemma, what does God consider marriage?
I'll repeat two paragraphs that I wrote that address these points.

Read what I said about that hypothetical desert scenario again. I'm saying the desert scenario would be the only applicable situation that I can think of off the top of my head where no ceremony and no witnesses would be entirely fine, but we are not talking about that scenario in the OP.

I do agree with you that a government slip is not required to have a marriage ceremony, vows and consummation in the sight of God, but as long as the government doesn't force sin with the slip, it's a good idea to get it because we are instructed to obey government authorities when they are not asking us to sin.

Point out where...an ordained priest must be present?

As clarification: I do not believe that an ordained minister or official reverend or what have you is required to lead the the wedding ceremony. I consider anyone under the Lordship of Jesus Christ a competent wedding ceremony leader.
 
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dorig59

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If two people "consider each other to be their lifetime partner," then why would they not just get married? I don't understand what the problem is there. I can only assume that they do have it in the backs of their minds that they have an "out" because they're not really married.

And where does it say that two people are considered married by God just because they've had sex? God talks about husbands & wives specifically in the context of having sex.
 
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JaneFW

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Dori, that's exactly where I'm at. It seems to me that you live with someone because you don't think they are good enough to marry and/or you don't believe it will last, so it will be "easier" to break up. Either way, it's not going to be any easier. Every relationship has a cost. And you may think that at least you don't have the financial cost of divorce, but you will have the emotional cost of a break-up between two people who have been exactly the same as a married couple - other than a ceremony. Also, with your own place, furniture, bills, and even possibly kids - there will still be a financial cost to splitting up. People don't invest (or shouldn't invest) less into a 'common law' marriage than a proper marriage, because that's just lazy - and if you're going to invest less, you shouldn't live together at all!

Grrr. I can't explain properly why it looks so contradictory to me, but it just does.
 
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JaneFW

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So if they do this and the State considers them to be married as well ..
Does the state consider them to be married? You would have to check the laws in your state so far as that is concerned. It can get quite complicated when the state gets involved in such things as workplace benefits, inheritance, children etc. I know that it can 'look' pretty strange to their children. For instance, my nephew is now living with a woman who previously cohabited with another man. She had two children with that man, and now has a child with my nephew. In their household - she has her maiden name, the two girls have their dad's name, then the little boy has my nephew's name. When we met them all this Christmas for the first time, the girl in the middle, who is 10, mentioned to me that she had her dad's name, and carefully took me through everyone else's names (which of course I knew, but didn't want to interrupt her) and then sat there shaking her head, saying "I don't know why we can't all have the same name when we're supposed to be a family." There is a lot of confusion for kids with these things. And they can feel less loved when their parents didn't think it worthwhile to get married. (Yes, even if they get divorced.)
 
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dorig59

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I agree, Jane. This is like that old cliche about how marriage is just "a piece of paper." What does that MEAN anyway? It doesn't mean a thing. Just a cop-out. Again, if you're living as though you're married, then why not just GET married? And any female who let's a guy tell her that nonsense is just foolish.
 
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dallasapple

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I can only assume that they do have it in the backs of their minds that they have an "out" because they're not really married.

But the point is its LEGAL..its called "common law"...in the state of Texas you cant just up and leave if you are considered common law married you have to divorce like anyone else who went the traditional legal route.

Also I always think of that movie Brave Heart..He and his wife marreid each other in secret with NO witnesses but God..I hardly think they were sinning..its actually one of the most tender and sweetest "weddings' I've ever 'seen"..

Anyway the Op specified its "legal" what she is talkign about..not just 'shackign up" so to speak..and YES there are criteria for that to be the case here..referring for example to each other as "married' to one another..living together for I believe 5 years or more..Thats it..basically..of course you can have additional evidence..like legally changing your name etc..but common law marriage is legit at least in the state I live in ..I just researched it in fact becasue I too have a son that shacked up with his GF...they have broken up and there is some question as to custody of my grandson..according to the State of Texas their is no way they were "common law' marriedd...they never presented themselves to the public or anyone(including each other) as 'husband and wife'..that right their ruled it out..as well as they only lived together 3 1/2 years..Having said that..had they been considering each other husband and wife..and had remained under the same roof for another 1 and 1/2 years?Either one of them could have insisted on a LEGAL divorce had one of them wanted ot 'break up"..

Dallas
 
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dallasapple

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And any female who let's a guy tell her that nonsense is just foolish.

As I posted above..common law marraige is not 'nonsense" its real and its legally binding.of course with the minimal criteria met..as to why not 'just get married"..some I suppose just dont want to have any official ceremony..i dont know why but ..some just dont want to "put it " on paper..but they do consider themselves marreid and so does their state..

Dallas
 
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dallasapple

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But if common law marriage starts once you've been married for five years, then you aren't really married up to the five year point, right? And also, after the five year point, could the woman take the man's last name if she wanted to?

Well it really "starts" once you start livign together and calling each other husband and wife..its "legal" after a process of 5 years living "as' a married couple..IOW the five years leadign up to it you have to 'present' yoruself as man and wife..and yes you can change your name..as far as I know anyone can change thier name legally anytime they want to whatever they want it to be..

Anyway I guess you coudl call the 5 years preceidng it being "legal" the wedding ceremony...LOL!!..

Dallas
 
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