Subscribe for all my updates and don't miss a thing! Sign me up!

Does Jamaica Recognize Common Law Marriage?

Sharing Is Caring! Share this awesome content with your friends now.

start_here_if_new_image_link

see_jamaica_in_videos_banner_july_2024_large
wedding_venues_in_portland_jamaica.pngDoes Jamaica Recognize Common Law Marriage?

by Venesha Johnson | Associate Writer

To marry or not to marry? Common law marriages have been around for centuries and while it’s not ideal for everyone, for those who aren’t quite too fond of traditional marriages, this may be an option.

New! Take a piece of Jamaica with you💃!

Savour the memories!  Now you can get your authentic Jamaican souvenir items, as well as traditional Jamaican herbs, spices and housewares on our popular e-store. Click Here to learn more.


And, if you ever need a trustworthy and knowledgeable local guide, consider booking a private tour with us!

This type of union has specific legal implications and rights, especially when it comes to property, inheritance, and other benefits. Here’s an overview of what common-law marriage means in Jamaica, the legal rights it confers, and how it’s governed.

What is Common Law Marriage?

When romantic partners decide to live together in a domestic setting, though not formally through legal and/or religious ceremonies, we recognise it as a common-law relationship.

But in Jamaica, this doesn’t happen the minute you decide to cohabit with your partner. You must be living together for at least 5 years for your union to be classified as common law. However, once this period passes, you now have similar rights to those of legally married couples.

Legal Rights for Common Law Partners in Jamaica

So, let’s talk more about the rights of common-law partners. If you are considering this kind of arrangement, this may help you make a decision. The status of common-law relationships in Jamaica is governed mainly by the Property (Rights of Spouses) Act, PRSA for short. This came into effect in 2004

The main purpose of this act is to provide common-law spouses with some of the same legal protections and entitlements as legally married spouses. Many couples are now choosing to live together long-term without getting married, which is why the PSRA was established.

It essentially seeks to protect individuals from being left financially vulnerable after a relationship ends, particularly if they contributed to the household but did not own property in their name.

Here are some rights that common-law partners may access under Jamaican law:

  1. Property Rights: Under the PRSA, common-law spouses can claim an equal share of the family home. If one partner solely owns the property, the other may still be entitled to a share if they contributed in ways such as helping with household expenses or upkeep.

  2. Inheritance Rights: Common-law spouses in Jamaica do not have automatic inheritance rights. However, a surviving common-law partner can petition the court for a share of the deceased partner’s estate. The court’s decision considers factors like the duration of cohabitation, financial contributions, and the nature of the relationship.

  3. Support and Maintenance: If a common-law relationship ends, one partner may apply for maintenance support. Courts can order support payments if one partner has been financially dependent on the other during the relationship and would suffer financial hardship after separation.

  4. Child Custody and Support: Common-law couples in Jamaica have the same parental rights and responsibilities as legally married couples. This means both parents are responsible for the care and financial support of any children from the relationship. Courts consider the best interests of the child when deciding on custody and visitation arrangements.

How to Prove a Common Law Relationship

To qualify as a common-law spouse under Jamaican law, partners must show evidence of living together continuously for at least five years. Otherwise, I am sure, the PSRA would be abused. So Here are some factors that courts may consider to establish a common-law relationship:

  • Joint bank accounts or shared financial responsibilities
  • Shared ownership of property or rental agreements
  • Proof of financial support or dependence
  • Statements from friends, family, or community members attesting to the relationship
  • Evidence of shared responsibilities, such as household chores, bills, and child-rearing

While the PRSA grants important rights, there are some limitations for common-law partners in Jamaica. For example, inheritance rights are not automatic and may require court intervention.

Additionally, certain benefits like spousal tax reliefs and automatic healthcare decision rights may not be available to common-law partners as they are to legally married spouses.

However, common-law marriages are legally recognized in many aspects, yet they may require extra steps, like court applications, to secure certain rights, especially in cases involving property division or inheritance.

So now that you understand your rights as a common-law spouse in Jamaica, do you think this would be ideal for you?

You might like these

Sharing IS Caring! Please help me get the message out by sharing this article with your friends on social media (links below). Thnx ;-)


If you found this page useful, please consider subscribing to my weekly newsletter, to get even more. 

It tells you each week about the new information that I have added, including new developments and great stories from lovers of Jamaica! 

Return to Marriages In Jamaica from Does Jamaica Recognize Common Law Marriage?
Return to My Island Jamaica Homepage from Does Jamaica Recognize Common Law Marriage?

References & Sources For Does Jamaica Recognize Common Law Marriage?

  1. The equal share rule and other property rights: Dunncox - attorneys in Jamaica (2017) DunnCox. Available at: https://dunncox.com/articles/equal-share-rule-property-rights/ (Accessed: 19 November 2024).
  2. A common-law spouse’s entitlements (2022) Jamaica Observer. Available at: https://www.jamaicaobserver.com/2022/08/29/info-you-can-use-a-common-law-spouses-entitlements-20231018-2132-347375/ (Accessed: 19 November 2024).
  3. Law, B. (2020) Not married but living with your spouse? you may be in a common-law relationship, Balcostics LAW. Available at: https://balcosticslaw.com/2018/03/06/not-married-but-living-with-your-spouse-you-might-be-in-a-common-law-relationship/#more-398 (Accessed: 19 November 2024).
  4. MACAULAY, M. (2023) A common-law spouse’s rights - all woman, A common-law spouse’s rights - All Woman. Available at: https://www.jamaicaobserver.com/allwoman/2023/01/30/a-common-law-spouses-rights-20231018-2012-350521/ (Accessed: 19 November 2024).

New! Comments

Have your say about what you just read! Leave me a comment in the box below.
Back To The Top Of This Page

New! Get My Latest Book👇🏿

JAMAICA_ON_A_BUDGET_EBOOK_COVER_LEAN

You asked, I've answered! You no longer need to save for months or years, to enjoy paradise!

JAMAICA On A Budget is your passport to experiencing what I call 'The Real Jamaica' on a budget!

I spilled the beans! sharing my top tips on finding cozy accommodations and secret gems, only the way a native could! Click Here to pick it up on my e-store and start saving now!

See The Best Of Jamaica - In Videos!

my_island_jamaica_channel_tv

My channel reaches over 140,000 subscribers worldwide and has leveraged over 11 million views, sharing, what I call 'The Real Jamaica'. Subscribe today and join our family of viewers.

Jamaica_subscribe_button

Read More ...

New! Experience The REAL Jamaica!
Book Your Private Tour here and experience Jamaica the way we (locals) do!

P.S. Didn't find what you were looking for? 
Still need help?

Click Here to try our dependable and effective Site Search tool. It works!

Or, simply click here and here, to browse my library of over 500 questions and answers! Chances are someone already asked (and got an answer to) your question.

copyscape
Back To The Top Of This Page

Like My Site? Please Click Here To Share It With Your Friends

Home   |   JOIN US   |   Site Search   |   Have Your Say   |   Archives   |   Old Archives   |   Contact   |   Disclaimer   |   TIP ME!   |   Link To Us


Do like I did! Share your passion
(about your city, hobby or experience) and make a living from it. Click Here to see how.

By Wellesley Gayle   |   Copyright © 2007-2024 My-Island-Jamaica.com   |   All rights Reserved.   |   Privacy Policy