Unmarried Couples

Estate Planning for Unmarried Couples is crucial

Whether the Domestic Partners are of the same-sex or of the opposite-sex, the law does not provide the same legal protections accorded the status of marriage.  Tax burdens and tax rates are vastly different; Last Wills Law is vastly different; and the issue of minor children becomes vital.

Common Law Marriage in Pennsylvania was abolished

Historically, Common Law Marriage was recognized by the Pa Supreme Court about 135 years ago, questioned by the Pa Supreme Court about 10 years ago, and abolished by the Pa Commonwealth Court about 5 years ago.  Consequently, Common Law Marriage was rendered proactively invalid by the Pa Legislature.  After January 1, 2005, and by statute (23 § 1103), Pennsylvania has stated that "[n]o common-law marriage contracted after January 1, 2005, shall be valid.  Nothing in this Part shall be deemed or taken to render any common-law marriage otherwise lawful and contracted on or before January 1, 2005, invalid."  For a more in-depth, historical analysis of Common Law Marriage in Pennsylvania, please view my article Common Law Marriage Abolished in Pa.  In other words, Common Law Marriage is valid if created on/before December 31, 2004 and not valid if created on/after January 1, 2005.

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