Common Law Marriage Age of Consent

Today you hear numerous couples claiming that they are married under the common law (or possibly disagreeing with one another whether or not they are). Everyone always appears to disagree over the differing requirements, but no one ever seems to discuss at what age you can legally bind into a common law marriage. Most assume that eighteen years of age is the minimum age, but surprisingly the age requirement is much, much younger. In Colorado, the statutory age of consent for ceremonial marriage is eighteen. Nevertheless, persons between sixteen and eighteen years of age may marry if they obtain parental consent, or, if that is not possible, judicial approval, and persons under the age of sixteen can only enter into marriage once they have both parental and judicial consent. Remember, these are the statutory requirements governed by the U.M.D.A., not common law.

Under English common law, children below the age of seven were incapable of marrying. Following that age, children could marry, but the marriage was voidable until they were able to consummate it, which the law presumed to be at age fourteen for males and twelve for females.Accordingly, several jurisdictions have adopted those ages as the common law ages of consent for marriage, including Colorado. So in Colorado, twelve year old girls and fourteen year old boys can enter into a common law marriage with whom ever they like. In Rouse, the Appellate Court validated the marriage between a fifteen year old girl and her adult husband (who coincidentally was awaiting trial on a charge of sexual assault on a child). Although common law serves it purpose, allowing children to enter into marriage before junior high may no longer be necessary in this day and age.  This law is both very intriguing and yet also somewhat troubling.