No, Tennessee does not recognize common law marriage established after January 1, 2018, under state law. Existing common law marriages from prior to this date remain valid, but new claims face strict scrutiny. Tennessee’s 2017 amendments to domestic relations statutes codified this prohibition, aligning with judicial precedent that requires formal marriage licenses.
Key Regulations for Common Law Marriage in Tennessee
- Statutory Prohibition: Tennessee Code Annotated § 36-3-105 explicitly bars common law marriage formed after January 1, 2018, rendering such unions legally unenforceable in state courts.
- Grandfather Clause: Pre-2018 common law marriages remain valid if proven by clear and convincing evidence of mutual agreement, cohabitation, and public representation as spouses.
- Local Enforcement: Tennessee courts, including the Shelby County Chancery Court, rigorously apply statutory requirements, often requiring documentary proof (e.g., joint tax filings, affidavits) to validate pre-2018 claims.
The Tennessee Department of Health’s Vital Records Division does not issue marriage certificates for common law unions, further restricting recognition. Federal agencies, such as the Social Security Administration, defer to state law, complicating benefits claims for post-2018 common law couples. Legal practitioners must verify the marriage date to determine enforceability under current statutes.