Puerto Rico Common Law Spouse or Marriage Declaration or Affidavit

State:
Multi-State
Control #:
US-344EM
Format:
Word; 
Rich Text
Instant download

Description

This form is a common-law spouse declaration and should only be used in states which recognize common-law marriages.

Puerto Rico Common Law Spouse or Marriage Declaration or Affidavit is a legal document that establishes a common law marriage or the intention to form a marital relationship without a formal ceremony or marriage license. This declaration or affidavit serves as proof for the relationship's existence and offers certain legal rights and privileges to the couple involved. In Puerto Rico, there are specific types of Common Law Spouse or Marriage Declarations or Affidavits that individuals can consider, depending on their unique circumstances: 1. Declaration Jurado de Unión de Hecho (Affidavit of Common-Law Union): This type of declaration is used by couples who have been living together and maintaining a marital relationship without a formal registration. The affidavit needs to be notarized and signed by both partners, declaring their intention to create a common-law union. 2. Declaration de Matrimonio POR Voluntary Mutual (Declaration of Marriage by Mutual Consent): This declaration is suitable for couples who have been cohabitation and wish to legally acknowledge their relationship without going through a formal marriage ceremony. It requires both partners' consent and needs to be signed and notarized. 3. Declaration Jurado de Unión Marital (Affidavit of Marital Union): This type of declaration is specifically used for couples who have been living together and behaving as "husband and wife" for a substantial period of time. It requires the couple to detail their commitment to the relationship, including shared finances, responsibilities, custody agreements (if applicable), and references from witnesses who can verify the relationship's authenticity. These declarations or affidavits should contain relevant information to establish the validity and authenticity of the common-law marriage, such as the couple's full names, addresses, date of onset of cohabitation, duration of the relationship, mutual intent to be in a marital relationship, and any other supporting evidence like joint bank accounts, property ownership, or children. It is essential to note that Puerto Rico recognizes common-law marriages as legally valid and enforceable relationships. However, it is recommended to consult with a legal professional or the Puerto Rican government agencies to ensure compliance with specific requirements and updates regarding the declaration or affidavit.

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FAQ

But common law marriages are not recognized in Puerto Rico. The requisites of a valid marriage in Puerto Rico are set forth in Article 69 of the Civil Code, 31 L.P.R.A. § 231.

A common law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony. Not all states have statutes addressing common law marriage. In some states case law and public policy determine validity.

Where is common-law marriage allowed? Here are the places that recognize common-law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah and the District of Columbia.

In order to be granted a Puerto Rican marriage license, the couple must bring the following with them to the demographic registry: photo identification (a driver's license or passport works), birth certificates, medical certification and an Internal Revenue stamp. This can be purchased at a government office for $150.

A declared marriage is a public record. If you are declaring a marriage that originally used a Confidential Marriage License, using this License and Certificate of Declaration of Marriage would then make it a public record.

Living together is a right to life and therefore it cannot be held illegal. If live-in relationships continue for a long period of time and the couple present themselves to the society as husband-wife, they get recognized as being legally married.

As part of the marriage registration process, the local authorities will require you to submit several documents, among others:A recent birth certificate.A Certificat de coutume or Proof of law.Proof of citizenship (based on your Canadian passport)Proof of residence and proof that you are legally free to marry.

Once a marriage license is obtained, you may be married immediately. No waiting period is required. You must marry within 60 days of the license being issued or the license expires.

To get married in Puerto Rico you don't need to be a resident or an American citizen; the only requirement is your desire to get married in our enchanted island. A marriage license is required and must be requested in writing. Both the bride and groom must appear in person at the time of applying for the license.

In addition to regular marriage, Australia, Brazil, and 11 US states recognize common law (or de facto) marriage, which allows one or both cohabiting partners to claim, under certain conditions, that an informal union is a marriage.

More info

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Puerto Rico Common Law Spouse or Marriage Declaration or Affidavit