Common Law Marriage
“What does the Bible say about a common law marriage?”One online encyclopedia defines common-law marriage as follows: “Common-law marriage, sometimes referred to as informal marriage, is a form of interpersonal status in which a man and a woman are legally married. The common-law marriage is a verbal or written contract between a man and a woman to be married, usually without a ceremony or license. A common-law marriage can only be dissolved by petitioning a court for a divorce. Common-law marriage is very similar, but distinguishable from civil unions or non-marital relationship contracts.” Webster’s New College Dictionary defines common-law marriage as follows:
“A marriage existing by mutual agreement and cohabitation between a man and a woman without a civil or religious ceremony.”For most states and countries that recognize common-law marriage, the requirements vary some but usually consist of
(1) capacity to marry (not being involved in any other marriage)
(2) mutually expressed desire (either verbal or written) to marry
(3) a public expressing to others of that desire by referring to themselves as “Mr. and Mrs. …,” etc., and
(4) continually cohabiting. There is a common misperception that if you live together for a certain length of time (seven years is what many people believe), you are common-law married. This is not true anywhere in the United States.In Genesis 2 we read of God’s original plan for marriage and will serve as the basis for the biblical definition of marriage:
Genesis 2:21-24 So the Lord God caused the man to fall into a deep sleep. While the man slept, the Lord God took out one of the man’s ribs and closed up the opening. Then the Lord God made a woman from the rib, and he brought her to the man. “At last!” the man exclaimed.“This one is bone from my bone, and flesh from my flesh! She will be called ‘woman,’ because she was taken from ‘man.’” This explains why a man leaves his father and mother and is joined to his wife, and the two are united into one.
In the first few chapters of Genesis, God fills the earth with large numbers of different kinds of life. He doesn’t just put a few fish in the ocean; it “abounds” with them. But when it comes to mankind, He makes just one male and one female, and those two were to become “one flesh.” The implication fromGenesis 2:24 is that this “one woman for one man for one lifetime” was a principle not just for Adam and Eve but for all who would be born to a father and mother. Jesus commented on this Genesis passage when the Jewish leaders brought up the topic of divorce:
Mark 10:6-9“But ‘God made them male and female’ from the beginning of creation.Gen 1:27; 5:2. ‘This explains why a man leaves his father and mother and is joined to his wife, and the two are united into one.’Gen 2:24 Since they are no longer two but one,let no one split apart what God has joined together.”
Marriage is the union of a man and a woman, creating a new entity, a new “whole” (one flesh).
This union is brought about by a mutual commitment before God (expressed through a public vow today)
To forsake all others,
To keep themselves only unto their new partner
To act in the best interest of the other (to love)
To seek to fulfill God’s purposes for their lives as a new unit.
This commitment is to last as long as they both shall live
1 Corinthians 7:39A wife is bound to her husband as long as he lives. If her husband dies, she is free to marry anyone she wishes, but only if he loves the Lord..Marriage is not merely a “friendship.” Although it is not the “consummation” that begins the actual marriage (or Joseph and Mary would not have been “married” until after Christ was born
Matthew 1:25 But he did not have sexual relations with her until her son was born. And Joseph named him Jesus., sexual activity is understood to be a natural part of marriage
Hebrews 13:4Give honor to marriage, and remain faithful to one another in marriage. God will surely judge people who are immoral and those who commit adultery.
Today, the exchanging of the vows during a wedding ceremony is the vocalization of the commitment that was understood between biblical couples such as Isaac and Rebekah inGenesis 24:67And Isaac brought Rebekah into his mother Sarah’s tent, and she became his wife. He loved her deeply, and she was a special comfort to him after the death of his motherSome of God’s purposes for marriage as stated in the Bible are
Companionship (Genesis 2:18),
Procreation (Genesis 1:28),
Mutual and undefiled pleasure (1 Corinthians 7:4-5Proverbs 5:18-19; Song of Solomon; Hebrews 13:4),
Prevention of immorality 1 Corinthians 7:2,5But because there is so much sexual immorality, each man should have his own wife, and each woman should have her own husband.(1 Corinthians 7:2,5), the serving of Christ as a whole and properly representing the spiritual relationship between Christ and the Church (Ephesians 5:22-33), and the raising of godly descendants (Malachi 2:13-16). The bond of marriage (when respected) leads to the good of not only the couple and their children, but also to the good of the society as a whole, for the family unit is the building block of any society.While marriages throughout most of biblical history involve some type of public ceremony (and celebration), such a ceremony is not required for a biblical marriage to have taken place. In the case of Isaac and Rebekah and others, no ceremony is recorded
The Firstcommon ingredient between common-law marriage and the one involving a ceremony is a publicly expressed intent to be married. Two people living together without that expressed intent does not constitute a common-law marriage, just cohabitation. Isaac and Rebekah did not just begin living together, there was a clear expression of intent that their union be of a permanent nature (marriage).
The Second common ingredient between common-law marriage and the one involving a ceremony and license is its legal standing. In order for a common-law marriage to be dissolved, a legal divorce must be pursued. (Again, in God’s original intent for marriage, there should be no divorce.)
The Thirdingredient in these biblical marriages that did not involve a public ceremony as compared to those that did is that there was no sexual activity prior to their marriage, no cohabiting.From a biblical perspective, there are a few troublesome issues about a common-law marriage.
Two of the biblical purposes of marriage are
(1) to use the union to serve Christ as a new unit and
(2) to represent the greater reality of the union between Christ and His church.
Historically, common-law marriage came into being because there were small villages in England where a church official or a government official was not able to travel to on a regular basis. Therefore, if a couple desired to get married, they could legally do so without the presence of either a church official or government official. But still there would be the component of a public declaration of their intent to marry before cohabiting.
During World War II, there were common-law marriages that took place in Japanese prison camps between prisoners by a similar public declaration of intent.
But for Christians under normal circumstances a public ceremony in a church enables them to begin their union before family and friends with a testimony of their intent to use their marriage to serve Christ and with a public witness of salvation from sin that is available through Christ.As the Bible states that Christians are to “provide things honest in the sight of all men”
2 Corinthians 8:21We are careful to be honorable before the Lord, but we also want everyone else to see that we are honorable, it is important that their marriage do the same.
Romans 12:17Do things in such a way that everyone can see you are honorable.
Common-law marriage has a connotation in most people’s eyes as being less-than-honorable (under normal circumstances…not being in a prison camp, etc.).
It should be a Christian’s desire to live above reproach so that Christ can be honored in all that he/she does
1 Corinthians 10:31……..whatever you do, do it all for the glory of God.
For this reason, common-law marriage falls short of honoring Christ; and a public, church ceremony with a good testimony for Christ and a good presentation of the gospel is to be preferred.