Hawaii Common Law Marriage

What is Common Law Marriage in Hawaii?

Common-law marriage is an informal union where a couple is considered married without a formal marriage ceremony or obtaining a legal marriage license. Hawaii does not recognize common-law marriages formed in the state. In addition, common-law marriages are only valid in Hawaii if common-law couples formed the union in common-law-approving states. As of 2021, common-law relationships were valid in Iowa, Utah, Kansas, the District of Columbia, South Carolina, and Montana.

Generally, common-law marriages are valid when the couple are above the legal age and are mentally capable of forming such relationships. Some states validate common-law marriages when the partners reside in a common residence and have stayed together for a specified period. In addition, friends and families of common-law couples may present affidavits to the court before the union is recognized. Finally, partners often cite affordability and religious reasons for creating common-law marriages. Irrespective of the reasons for creating common-law marriages, common-law partners are eligible for the following benefits in most common-law-approving states:

The right to inherit a spouse’s property;
The right to spousal support in the event of a divorce or split;
The right to custody;
The right to make medical-related decisions for a physically or mentally disabled partner;
The right to divorce formally;
The right to jail visitation.

Unlike traditional or formal marriage systems, common-law marriages come with disadvantages. For example, partners in a common-law marriage may lose certain marital rights, such as the right of survivorship when a partner dies. In addition, partners may lose access to properties and assets in the event of a split or divorce.

Does Hawaii Recognize Common-law Marriages?

Hawaii marital laws do not recognize common-law marriages created within the state. Therefore, all common-law marriages formed in Hawaii are invalid and have no legal backing. However, like most states, Hawaii recognizes common-law marriages formed in other states where the relationship is approved. According to the Full Faith and Credit Clause, couples can maintain their common-law marriage status if they move to states that do not approve.

What is Domestic Partnership in Hawaii?

A domestic partnership in Hawaii is a legal agreement between unmarried same-sex or heterosexual couples in an exclusive and committed relationship. Couples in a domestic partnership are recognized and have their rights protected under state laws. Per the Hawaii Stat. § 572c-3, domestic partners can apply to legalize their union by filling out a “Declaration of Reciprocal Beneficiary Relationship” form. Domestic partners who sign the form must swear under a penalty of perjury that they fulfill the following requirements:

Each partner is at least 18 years old;
The domestic partners must not be in any legal marriage or any form of informal marriage;
Domestic partners did not give consent to the relationship under duress, force, or manipulation;
Each partner must sign a declaration of reciprocal beneficiary relationship;

Furthermore, Hawaii Employer-Union Health Benefits Trust Fund enables eligible retirees and public employees to enroll their partners as beneficiaries in the health benefit plan.

What is a Cohabitation Agreement in Hawaii?

A cohabitation agreement refers to a contract signed by couples living together as married without a marriage license. Such an agreement protects the spouse after the termination of the relationship. Under Hawaii marital property laws, cohabiting couples do not have rights to their partner’s assets after the termination of the relationship.

With a notarized cohabitation agreement, cohabiting couples in Hawaii can get a fair share of all assets accumulated during the union. The courts may declare the sale of jointly-owned assets such as houses or cars. Sometimes, a partner might pay half of the value of the assets to the other partner.

What are the Requirements for a Common-law Marriage in Hawaii?

There are no requirements for common-law marriages since state laws do not recognize common-law marriages formed in the state. However, Hawaii Rev. Stat. § 88-1.2 recognizes civil union formed in the state and provides the following requirements for partners who wish to form civil union partnerships:

Intending partner is not a spouse in a legal marriage or in another civil union;
Intending partners are above 18 years of age;
Intending couples are not closely related by blood, as provided
Intending couples must share a common residence - they may also have secondary residences;
Present themselves as "married" to people.

According to the Hawaii Rev. Stat. § 88-1.2, couples in a civil union are entitled to the same benefits and legal obligations accrued to couples in a legally recognized marriage. Couples can register their civil union at the Hawaii Department of Health via an online application system. Applying for a civil union online at the online application platform costs $65. Note that the Department of Health will not issue a civil union certificate to ineligible couples. Couples in a civil union must fill out their personal information and residential data when filling out the online application form.

How Many Years Do You Have to Live Together for Common Law Marriage in Hawaii

According to state laws, common-law marriages formed in Hawaii are invalid irrespective of the number of years spent in the relationship. In contrast, a civil union formed in Hawaii becomes valid when a cohabiting couple applies to the Hawaii Department of Health. Thus, the criteria for forming a civil union are not dependent on how long the couple has cohabited. Furthermore, domestic partnerships in Hawaii are also valid, irrespective of the time spent in the relationship.

What Does it Mean to be Legally Free to Marry in Hawaii?

Under the Hawaii Rev. Stat. § 572-1, a couple is legally free to marry, irrespective of gender, if they fulfill the following requirements:

The intending couples are not closely related by blood. The concerned parties must not have blood ties closer than second cousins;
Each partner is at least above the age of 18. Partners who are at least 16 years old must present a letter of approval from the family court in their jurisdiction;
Neither partner must currently have a legal spouse or civil union partner;
The partners did not give consent to the union under coercion or force;
Neither parties have sickness hidden or unknown to the other party;

What is Informal Marriage in Hawaii?

Informal marriage in Hawaii refers to a union between cohabiting couples without a marriage license or solemnization of the union. Civil unions and domestic partnerships are examples of informal marriages in Hawaii. The court recognizes civil unions or domestic partnerships formed within the state.

How Do You Prove a Common-law Marriage in Hawaii?

Common-law couples in Hawaii can prove their relationship via a contractual agreement signed and approved in a jurisdiction where the union is permitted. In addition, common-law couples can prove their relationship via the following documents:

Certificates or documents detailing when the union was formed;
Insurance or employee benefit records showing the partner's name as a family member and beneficiary;
Birth certificates or school where both partners are listed as parents of the ward;
Property deeds or assets showing both partners' names as co-owners;
Joint bank account listing both partners as co-owners.

Likewise, couples in a civil union can prove their relationship via a certificate issued by the family court in their jurisdiction. In addition, the Hawaii Department of Health maintains an online database of all civil unions formed within the state. Therefore, civil union couples and interested parties can prove a civil union via the online platform.

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

The full name of both spouses ((include first, middle, and last names)
The date the marriage occurred (month, date and year)
The location where the marriage occurred (city and county)

How Do You Prove a Common-law Marriage After Death

In Hawaii, widowed common-law partners can prove the existence of a common-law marriage via a written agreement supporting the claim. A widowed partner in a civil union must provide the civil union certificate to prove the relationship with the now-deceased partner. Widowed partners who are unable to prove their civil union may lose the following rights or benefits:

Right to administer the deceased's estates, make funeral arrangements, and authorize the release of the deceased partner's medical records;
Right to get financial compensation in the case of a partner's wrongful death;
Right to claim insurance and employment benefits of the deceased partner;
Protection against repaying the medical cost of a deceased partner.

Do Common-law Marriages Require a Divorce?

In Hawaii, common-law marriage does not require divorce since it is not valid under state laws. However, couples in a civil union or reciprocal beneficiary relationship formed outside or within the state can terminate their relationship by mailing a Hawaii Declaration of Termination to the State Health Director at:

RBR Office
P.O. Box 591
Honolulu, HI 96809-0591

The termination or divorce becomes approved when the State Health Director issues a Certificate of Termination. Divorced couples can obtain their certificate of termination via in-person pick-up, phone, or email notifications. Similarly, couples can also divorce a civil union by filing a petition with the Hawaiian family court in their jurisdiction.

Does a Common-law Wife Have Rights in Hawai'i?

Common-law wives do not have rights since state laws do not recognize the union. However, wives in a civil union or domestic partnership can receive almost the same benefits as wives in a formal marriage. For instance, civil union wives have the following right under Hawaii laws:

Medical and death-related rights, such as the right to inherit in the absence of a will, hospital visitation rights, and partner health insurance;
Family law rights, such as access to joint adoption, right to get financial support after a split, protection under crime victim and domestic violence laws, and dissolution of the union in Hawai'i family courts;
Rights to not testify against civil union spouse;

Can a Common-law Wife Collect Social Benefits in Hawaii?

In Hawaii, wives in common-law marriages formed in the state are not eligible to receive social security benefits. According to Social Security's eligibility guidelines, common-law wives must qualify for the following requirements:

The common-law partners formed the relationship in a state or jurisdiction where the union is allowed;
The couple can sufficiently prove the existence of their relationship to the Social Security Department.

If the common-law couples meet the requirements as mentioned above, they must file for a social security benefit via these steps:

First, both spouses must fill out a Form SSA-754 (Statement of Marriage Relationship) in conjunction with an affirmation from a blood relative (Form SSA-753).

Are Common-law Wives Entitled to Half in Hawaii?

Common-law wives are not entitled to half of their partner's properties in Hawaii. Common-law wives in Hawaii can only obtain a fair share of their partner's properties if there's a written agreement to that effect. In the absence of a written agreement, common-law wives may petition the court to recognize their relationship by providing evidence or proof of their relationship. In contrast, wives in a civil union or domestic partnership are entitled to spousal support and a fair share of all properties and assets accumulated during the relationship.

How Do You Get a Common-law Marriage Affidavit in Hawaii?

Under Hawaiian state laws, common-law couples can not obtain common-law marriage affidavits from the state courts or any custodian agency in the state. Hawaii does not recognize common-law marriages formed within the state. Hence, common-law couples can only obtain common-law marriage affidavits from regions where the union is allowed.

When Did Common-law Marriage End in Hawaii?

Common-law marriage never existed in the state statutes or legislation. However, Hawaii recognizes and adopts civil union and domestic partnerships as informal marriages.

What is Considered Common-law Marriage in Hawaii?

Hawaii state laws do not recognize common-law marriages formed within the state. Therefore, the state laws have no metric for determining what constitutes a common-law marriage.

What is the Difference Between Common-law Marriage and Domestic Partnerships

The major difference between common-law marriages and domestic partnership lies in the following:

Domestic partnerships are only valid in the state or region where it is formed, while the validity of common-law marriages are not restricted to the state where it was formed;
Unlike common-law marriages, domestic partnerships are recognized and valid under Hawaii state laws.

Does the Federal Government Recognize Hawaii Common-law Marriage?

The Federal Government can not recognize common-law marriages formed in states or regions, like Hawaii, where the union is not permitted. Per the Full Faith and Credit Clause, the Federal Government will only recognize common-law marriages formed in common-law-approving states.