<Ol> <Li> There is no marriage license issued by a government and no marriage certificate filed with a government </Li> <Li> There is no formal ceremony to solemnize the marriage before witnesses </Li> <Li> The parties must hold themselves out to the world as spouses (this is not a requirement of statutory marriage) </Li> <Li> Most jurisdictions require the parties to be cohabiting at the time the common - law marriage is formed . Some require cohabitation to last a certain length of time (e.g. three years) for the marriage to be valid . But cohabitation alone does not create a marriage . The parties must intend their relationship to be, and to be regarded as, a legally valid marriage . </Li> </Ol> <Li> There is no marriage license issued by a government and no marriage certificate filed with a government </Li> <Li> There is no formal ceremony to solemnize the marriage before witnesses </Li> <Li> The parties must hold themselves out to the world as spouses (this is not a requirement of statutory marriage) </Li>

Who is often referred to as the father of common law