Dec 27, 2019, 5:34 PM
Common law marriage is the origin of all marriage. The question is, why do church ceremonies, state marriages, and state licenses exist?
Traditional european marriage required only both parties agree to it, but technically speaking, it was an agreement between families, not just the husband and wife. A marriage agreement (promise, contract) is not only between the husband and wife, between their families, but is insured by the polity. Meaning that if you interfered in a marriage you were liable for damages (Yes really). We are very comfortable today but it was not long ago that life was precarious and reciprocally insured each other, so a failed marriage ment that parental families would absorb costs they might not be able to carry.
Marriage licenses began so that otherwise illegal marriages could be conducted. In the USA the puritans in Massachusetts began requiring them (I don’t know why) – most likely to maintain their version of eugenic mating which is an unspoken tenet of the protestant ethic. The present reason for marriage licenses, registrations, and ceremonies is the prevention of illegal marriages, and the resolution of property and inheritance disputes by the court now that we have enough wealth to worry about.