In Massachusetts, Common Law Spouse or Marriage Declaration or Affidavit is a legal document that helps establish and recognize a common law marriage. Common law marriages are those that are formed without obtaining an official marriage license or having a formal ceremony. The state of Massachusetts recognizes common law marriages if certain elements are met and if there is sufficient evidence to prove the existence of a mutual and present agreement to be married. The Massachusetts Common Law Spouse or Marriage Declaration or Affidavit serves as a means for couples to declare their marital status and protect their rights and obligations as spouses. This document can be crucial when it comes to matters such as property ownership, inheritance rights, health care decisions, and tax benefits. To create a valid Massachusetts Common Law Spouse or Marriage Declaration or Affidavit, both parties must be at least 18 years old and mentally competent. The document should clearly state that the couple agrees to be married and intends to live as spouses while meeting the requirements outlined by Massachusetts law. Key elements and information included in the affidavit may encompass: 1. Personal Information: Full names, addresses, birthdates, and contact details of both parties. 2. Duration of Cohabitation: The start date or approximate length of time the couple has lived together as spouses. 3. Intention to Be Married: A statement declaring the understanding and intent of both parties to create a legally recognized common law marriage. 4. Evidence of Mutual Agreement: Detailed information describing the couple's mutual commitment, shared responsibilities, joint financial arrangements, and evidence of their intentions to create a marital relationship. 5. Testimony and Signatures: Affirmation under penalty of perjury, where both parties swear or affirm the accuracy of the information presented, followed by their signatures, the date, and any required notarization. While the Massachusetts Common Law Spouse or Marriage Declaration or Affidavit provides a means to establish a common law marriage, it is important to note that Massachusetts law does not currently allow couples to enter into new common law marriages. However, for couples that had established a common law marriage before the state abolished them in 2013, the affidavit may serve as evidence of the marriage's existence and validity. It is worth clarifying that Massachusetts Common Law Spouse or Marriage Declaration or Affidavit may not be the official term used by the state. However, the description provided encompasses the essence and purpose of such a document.