Living Together Is Not Marriage
N.J.S.A. 37:1-10 — no marriage without a license since December 1, 1939
In New Jersey, no marriage contracted on or after December first, nineteen hundred and thirty-nine, is valid unless the parties obtained a marriage license and the marriage was then performed by a person or organization authorized to solemnize marriages.
Both, and mandatory. Failing to comply with both prerequisites, which are always construed as mandatory and not merely directory, renders the purported marriage absolutely void. A common law marriage contracted before that date is not invalid for want of a license.
| The assumption | What the law actually does |
|---|---|
| The assumptionA common law marriage can still form | What the law actually doesNot since December first, nineteen hundred and thirty-nine |
| The assumptionA ceremony without a license is enough | What the law actually doesBoth the license and the solemnization are mandatory |
A marriage validly formed in another state, property and support claims between unmarried partners, and how a marriage ends are separate questions this page does not answer. Whether a particular relationship is a marriage is a question for a licensed New Jersey attorney.
Sources for this section (1)
- N.J.S.A. 37:1-10 — Common law and other marriages without license; validity
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.