Delaware Common Law Spouse or Marriage Declaration or Affidavit

• Category: Employment - Benefits
• State: Multi-State
• Control #: US-344EM
• Format: Word; Rich Text

Description

This form is a common-law spouse declaration and should only be used in states which recognize common-law marriages. Delaware Common Law Spouse or Marriage Declaration or Affidavit is a legal documentation that verifies the existence of a common-law marriage in the state of Delaware. Common-law marriage refers to a marital union where a couple lives together as a married couple, possessing the intent to be married and presenting themselves to others as a married couple, without formally obtaining a marriage license or holding a ceremony. In Delaware, the Common Law Spouse or Marriage Declaration or Affidavit serves as substantive proof of the common-law marriage's existence, as the state recognizes such unions as legally valid and binding. When contemplating issues related to termination of the marriage, property division, spousal support, or other matters, presenting this declaration or affidavit can be crucial to establishing one's legal rights as a spouse. There are primarily two types of Delaware Common Law Spouse or Marriage Declaration or Affidavit: 1. Initial Declaration: An initial declaration is executed by a couple when they decide to establish their common-law marriage. This declaration confirms their intent to enter into a marriage without a formal ceremony or license. It includes essential information such as the couple's names, addresses, and the date on which they began living together as husband and wife. The document must be signed and notarized by both parties and ideally witnessed by a third party who can attest to the validity of their relationship. 2. Termination Declaration: A termination declaration is utilized when a couple, who has been in a common-law marriage, decides to dissolve their marital status. This document officially declares the termination of the common-law marriage and outlines the agreed-upon terms regarding property division, spousal support, child custody, and visitation rights if applicable. Both parties must sign and notarize the termination declaration, ensuring it has legal effect. Delaware's Common Law Spouse or Marriage Declaration or Affidavit provides important legal protection and recognition to couples who have chosen to have a common-law marriage. It acts as tangible evidence to secure their rights and benefits when faced with legal matters or disputes. By executing these documents accurately and legitimately, couples can safeguard their interests and ensure that their common-law marriage receives proper acknowledgement under Delaware law.

Delaware Common Law Spouse or Marriage Declaration or Affidavit is a legal documentation that verifies the existence of a common-law marriage in the state of Delaware. Common-law marriage refers to a marital union where a couple lives together as a married couple, possessing the intent to be married and presenting themselves to others as a married couple, without formally obtaining a marriage license or holding a ceremony. In Delaware, the Common Law Spouse or Marriage Declaration or Affidavit serves as substantive proof of the common-law marriage's existence, as the state recognizes such unions as legally valid and binding. When contemplating issues related to termination of the marriage, property division, spousal support, or other matters, presenting this declaration or affidavit can be crucial to establishing one's legal rights as a spouse. There are primarily two types of Delaware Common Law Spouse or Marriage Declaration or Affidavit: 1. Initial Declaration: An initial declaration is executed by a couple when they decide to establish their common-law marriage. This declaration confirms their intent to enter into a marriage without a formal ceremony or license. It includes essential information such as the couple's names, addresses, and the date on which they began living together as husband and wife. The document must be signed and notarized by both parties and ideally witnessed by a third party who can attest to the validity of their relationship. 2. Termination Declaration: A termination declaration is utilized when a couple, who has been in a common-law marriage, decides to dissolve their marital status. This document officially declares the termination of the common-law marriage and outlines the agreed-upon terms regarding property division, spousal support, child custody, and visitation rights if applicable. Both parties must sign and notarize the termination declaration, ensuring it has legal effect. Delaware's Common Law Spouse or Marriage Declaration or Affidavit provides important legal protection and recognition to couples who have chosen to have a common-law marriage. It acts as tangible evidence to secure their rights and benefits when faced with legal matters or disputes. By executing these documents accurately and legitimately, couples can safeguard their interests and ensure that their common-law marriage receives proper acknowledgement under Delaware law.