Does God recognize common law marriages as binding? ~ Douglas W. Teague, Gaylesville, AL
The USA (and most nations) requires legal officiation of marriages, by which legally sanctioned marriages are distinguished from fornication and adultery. Hence, the following definition of “common law marriage” pertains to such sexual cohabitation without that legal officiation: “the cohabitation of a couple even when it does not constitute a legal marriage” [Merriam Webster’s Collegiate Dictionary, (Springfield, Massachusetts: Merriam-Webster, Incorporated) 1993.] However, were there nations wherein there was no government requirement for legal officiation of marriage (e.g., the Garden of Eden), “common law marriage” would be, by the following dictionary definition, both the distinction from fornication and adultery as well as honored by God. “a marriage recognized in some jurisdictions and based on the parties’ agreement to consider themselves married …” [Ibid.] The following definition of marriage likewise addresses the general distinction between marriage and fornication.
Marriage is the state in which men and women can live together in sexual relationship with the approval of their social group. Adultery and fornication are sexual relationships that society does not recognize as constituting marriage. [The New Bible Dictionary, (Wheaton, Illinois: Tyndale House Publishers, Inc.) 1962.]
First, there is a biblical distinction between marriage and fornication. “Marriage is honourable in all, and the bed undefiled: but and adulterers God will judge” (Hebrews 13:4). Second, God has decreed that mankind is subject to civil law (Romans 13:1-7) except where human and divine laws conflict, in which cases man must appeal to the higher law of God (Acts 5:29). Third, therefore, wherever civil law requires legal officiation of marriages, men and women must conform to that legal requirement or else they are fornicators (since the civil requirement to legally officiate marriages (1) does not contradict the law of God and (2) distinguishes between married couples and fornicators). Wherever civil law requires officiation of marriages, so-called common law marriages are viewed generally by society and by God as fornication, even if the cohabitation is monogamous.
