Is Common-Law Marriage Approved by God?

Common-Law Marriage

Is it acknowledged by God?

‘They shacking up,’ ’they keeping’ were two of the most common terms I grew up hearing being used to express the social approbation towards the practice of persons living together without getting married. In approaching this

“T topic, I wish to immediately make a clear distinction and establish how I am using the term, common-law marriage, in answering the question posed by the topic. 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.” The practice dates back to Medieval England. In this article the laws of Jamaica are being utilized. 1

The relevant law is The Property rights of Spouses. ’ Section 2 of The Property (Rights of Spouses) Act defines “spouse” as including a single man and a single woman who have been cohabiting together as if they were in law husband and wife for no less than five years. The term ‘cohabit’ is defined as meaning, ‘to live together in a conjugal relationship outside of marriage’.

The factors that would determine if you are in a common-law relationship are as follows:

1. Living together in the same household 2. Sharing daily life and duties 3. Stability and a degree of permanence in the relationship 4. Shared Finances 5. A sexual relationship 6. Children 7. Common Intention and motivation

What is striking from this list, is the extent to which it mirrors the anticipated nature and character of traditional marriages. The editors of GotQuestions make similar observations. While marriages throughout most of biblical history involved some type of public ceremony (and celebration), this is not required for a biblical marriage to have taken place. In the case of Isaac and Rebekah and others, no ceremony is recorded (Genesis 24:67). But a shared ingredient between common law marriage and one involving a ceremony is a publicly expressed intent to be married. Ultimately the question we are grappling with as we contemplate formal marriage and common-law marriage is, ‘at what point does God recognize two persons as being married?’ We get a succinct treatment of this from the Gotquestions website: 2

The Bible nowhere explicitly states at what point God considers a man and a woman to be married.

Due to the Bible’s silence on this matter, identifying the precise moment a man and woman are married in God’s eyes is a complex undertaking. An examination of the

Bible suggests three considerations: the encouragement to seek formal, legal recognition, to observe the cultural process and to consummate the marriage sexually (https://www.

gotquestions.org/marriage-constitutes.html).

In light of the above, I am of the considered opinion that there needs to be a case-by-case analysis made by church leaders where a couple or any of the spouses from such a marriage as defined by the laws of the land present themselves for church rights and privileges. I am guided by the position of Dundas here.

Leon Dundas (1990) proposed that a distinction should be made between “purposive unions” defined as “common-law unions that are entered into deliberately and selectively with the hope that the union would be permanent” and “casual concubinage,” that is, “common-law unions that are established fortuitously and are exploitative of unstable situations.” 3 The former, according to Dundas, should be viewed by the church as moral, the latter as immoral.

Based on this distinction, Dundas recommended that the church shift attention from legal prescriptions to the nature of the marital relationship. V. G. Panton’s work reflects generally the same position. He argues that during slavery, the emphasis of Christian missionary activity was on baptism, and that even after the passage of laws making marriage widely accessible, It was still considered by the clergy to be a privilege for the few.

The tables have turned haven’t they? The church once denied many citizens access to marriage and now marriage is being used by the church to deny citizens access to the church. It is my considered position that God recognizes common-law marriages. The Caribbean church doesn’t appear ready to agree with God. p

By Teddy A. Jones Public Theologian, Author and Life Coach

REFERENCES

[1] https://www.gotquestions.org/ common-law-marriage.html [2] Mary S. Yamin-Garone. Fact or Fiction: Five Myths About Common Law Marriage [3] BOXILL, E. (1995). International Marriage and Divorce Regulation and Recognition in Jamaica. [4] Maisha K. Emmanuel & Michael H. Campbell, Sociocultural Context and Application of Criteria for Capacity to Marry. [5] This is the official law in Jamaica governing common-law unions. [6] Abi-gaye White-Thomas. https:// balcosticslaw.com/tag/common-lawrelationship-in-jamaica/ [7] https://www.gotquestions.org/ marriage-constitutes.html [8] https://www.coursehero.com/file/ p5mc8bu/She-continued-in-the-churchhowever-as-a-consistent-visitor-Onseveral/