The USA is close to abolishing the stable union. The Supreme Court of South Carolina recently abolished the recognition of the stable union, called in the United States common-law marriage. Since then, only unions with formal documentation – that is, with a marriage certificate – are legally recognized in the state. The news was published on the Conjur website, on the 4th of this month.
Now only nine of the country’s 50 states remain – plus the District of Columbia – that recognize the stable union. Some states that eliminated this institution still recognize the “vested right” of the stable unions that existed before they were abolished.
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None of the US states recognize concubinage for legal purposes. People in this situation live in “cohabitation”. Even the term concubine has disappeared. Now they are treated as boyfriends/girlfriends, fiancés/fiancées, life partners or lovers who live together. In its decision, the supreme court of South Carolina wrote:
“We conclude that the foundations of the institution have eroded with the passage of time and the results it produces are unpredictable and often convoluted. Consequently, we believe that the time has come to join the overwhelming national trend and abolish it”.
“Therefore, as of this date, which is purely prospective, parties may no longer have a valid marriage in South Carolina without a license. Consistent with our conclusions about the modern applicability of the rationales of common-law marriage, we take the opportunity to refine the test that the courts will employ from now on”.
The court made this decision when judging the case of a couple from Charleston, South Carolina, who had separated, and the man went to court to claim part of the assets that belonged to the woman. The woman testified that she had never considered herself married to him, despite his claim that they had a stable union. The court concluded that there was insufficient evidence to support the man’s claim.
According to the FindLaw website, for a stable union to be established, there are some conditions: 1) the couple must live together (the time varies from state to state); 2) both must have the capacity to marry (mental health, not being married, being 18 years old); 3) Both intend to marry; 4) the couple must show family, friends and the community that they are “married” (and adopt the same surname, call each other husband and wife, have a joint bank or credit card account).
Read the full article on the Conjur website.
Source: Consultor Jurídico – By João Ozorio de Melo
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