However, with the industrial revolution and the massive social changes it brought in its wake, there was a need for increased government intervention in the financial relations between people. Changing social attitudes also meant that the state was called upon to regulate practical issues that were once the province of the church or social standards. There was also a revolution of the means of communication, which provided the means to do this.
From the s onwards, the making of laws by parliament became the key instrument for intervention and legislation quickly became the dominant source of law. The common law continues to be the main source of law only in the diminishing areas of human activity unregulated by legislation. For instance, until recently the law of torts civil wrongs was mostly common law, though with the Civil Liability Act Tas and important legislative inroads such as compulsory motor accident insurance and workers compensation legislation, the common law is less influential.
Until 25 years ago the law of contract, that is, the law which enforces business transactions, was almost wholly common law. But, because judges found it too difficult to develop principles of common law to protect consumers, parliaments had to step in with legislation. Firm News Legal Updates Publications. One step forward, but maybe two back, on common law marriage under Colorado law?
Mallory Hasbrook, Jens Jensen. Family Law. Are You a Human? To obtain a divorce, the parties need to be presently married. A typical scenario is that one spouse will file for divorce and, at the same time, argue that a common law marriage exists. If no common law marriage exists, no divorce can be granted.
In contrast, if a common law marriage exists, the court would then treat the marriage in the same manner as a statutory marriage. The second way that a common law marriage can come into play is in criminal law.
Third, common law marriage can come into play in estate litigation. In an unusual case, you could even find yourself committing bigamy! As explained above, a common law marriage is often asserted for the very first time during a divorce proceeding. The party asserting that a common law marriage exists will file for divorce and simultaneously assert that a common law marriage exists and that a divorce is necessary. In these types of cases, the court will first determine whether a common law marriage exists.
If a marriage does indeed exist, the court will move on to divorcing the parties. If no marriage exists, then the court will dismiss the case. An increasingly important issue in cases involving common law marriages is the litigation strategy involved if the court determines that no common law marriage exists. Many people who might be in a common law marriage are also heavily involved with their partner in some way or another.
Although the two individuals may not be married, there are often contractual agreements between the parties relating to businesses, finances, houses, and other things. In many cases, the parties jointly own things together such as a business or home. The same people may have children together. Agreements related to these arrangements and assets can be enforced in the same manner as any other contractual agreement.
Bachrach, P. Similarly, parties in an intimate relationship, but not common law married, may jointly own real property real estate together. In that case, dividing the real estate may require a civil partition action.
If unmarried parties have children together, parenting time, decision making, child support , and other disputes between the parties can be resolved by either an Allocation of Parental Responsibilities action brought under Title 14 of the Colorado Revised Statutes or a Paternity action brought under Title 19 of the Colorado Revised Statutes.
To learn more about common law marriage, contact the attorneys at Griffiths Law. Because we practice family law as well as civil litigation, we are well-suited to dealing with claims concerning a common law marriage.
If a common law marriage exists, we treat the case as a domestic relations matter. However, if no common law marriage exists and there are other viable remedies available such as breach of contract, unjust enrichment, or quantum meruit, our team of civil litigation attorneys can assist you, while our domestic relations attorneys continue to handle any child-related issues, without the need for two separate law firms to represent you.
Christopher Griffiths is a Shareholder and Chief Financial Officer at Griffiths Law—a law firm specializing in family law and civil litigation.
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