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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.

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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 assumptionWhat the law actually does
The assumptionA common law marriage can still formWhat the law actually doesNot since December first, nineteen hundred and thirty-nine
The assumptionA ceremony without a license is enoughWhat 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)
  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.

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