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NBA Rookie of the Year Award
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The National Basketball Association's Rookie of the Year Award is an annual National Basketball Association (NBA) award given to the top rookie(s) of the regular season. Initiated following the 1952–53 NBA season, it confers the Eddie Gottlieb Trophy, named after the former Philadelphia Warriors head coach.
The winner is selected by a panel of United States and Canadian sportswriters and broadcasters,[1] each casting first, second, and third place votes (worth five points, three points, and one point respectively). The player(s) with the highest point total, regardless of the number of first-place votes, wins the award.[2]
The most recent Rookie of the Year winner is Malcolm Brogdon. Twenty-one winners were drafted first overall. Sixteen winners have also won the NBA Most Valuable Player (MVP) award in their careers; Wilt Chamberlain and Wes Unseld earning both honors the same season. Nineteen of the forty two non-active winners have been elected to the Naismith Memorial Basketball Hall of Fame. Three seasons had joint winners—Dave Cowens and Geoff Petrie in the 1970–71 season, Grant Hill and Jason Kidd in the 1994–95 season, and Elton Brand and Steve Francis in the 1999–2000 season.[3] Five players won the award unanimously (by capturing all of the first-place votes) – Ralph Sampson, David Robinson, Blake Griffin, Damian Lillard, and Karl-Anthony Towns.[4]
Patrick Ewing of Jamaica,[5] Pau Gasol of Spain, Kyrie Irving of Australia and Andrew Wiggins of Canada are the only winners not born in the United States. Ewing immigrated to the Boston area at age 11, Irving moved to the United States at age 2, and Wiggins moved to the U.S. as a junior in high school; Gasol is the only winner trained totally outside the U.S.
Contents
[hide]
1 Winners
2 Unofficial winners
3 See also
4 Notes
5 References
Winners
Wilt Chamberlain won the award in the 1959–60 NBA season.
Kareem Abdul-Jabbar won the award in the 1969–70 NBA season.
Larry Bird won the award in the 1979–80 NBA season.
Michael Jordan won the award in the 1984–85 NBA season.
Allen Iverson won the award in the 1996–97 NBA season.
Pau Gasol won the award in the 2001–02 NBA season.
LeBron James won the award in the 2003–04 NBA season.
Kevin Durant won the award in the 2007–08 NBA season.
Derrick Rose won the award in the 2008–09 NBA season.
Key
^
Denotes player who is still active in the NBA
*
Elected to the Naismith Memorial Basketball Hall of Fame
Denotes unanimous winners
DP #
Draft pick number
DY
Draft year
T
Territorial pick
Rookie of the Year
Season
Player
Position
Nationality
Team
DP #
DY
1952–53
Meineke, DonDon Meineke
Forward/Center United States Fort Wayne Pistons 12 !12 1952
1953–54
Felix, RayRay Felix
Center United States Baltimore Bullets 01 !1 1953
1954–55
Pettit, BobBob Pettit*
Forward/Center United States Milwaukee Hawks 02 !2 1954
1955–56
Stokes, MauriceMaurice Stokes*
Forward/Center United States Rochester Royals 02 !2 1955
1956–57
Heinsohn, TomTom Heinsohn*
Forward United States Boston Celtics 99 !T 1956
1957–58
Sauldsberry, WoodyWoody Sauldsberry
Forward/Center United States Philadelphia Warriors 60 !60 1957
1958–59
Baylor, ElginElgin Baylor*
Forward United States Minneapolis Lakers 01 !1 1958
1959–60
Chamberlain, WiltWilt Chamberlain*[a]
Center United States Philadelphia Warriors 99 !T 1959
1960–61
Robertson, OscarOscar Robertson*
Guard United States Cincinnati Royals 01 !1/T 1960
1961–62
Bellamy, WaltWalt Bellamy*
Center United States Chicago Packers 01 !1 1961
1962–63
Dischinger, TerryTerry Dischinger
Forward/Guard United States Chicago Zephyrs 08 !8 1962
1963–64
Lucas, JerryJerry Lucas*[b]
Forward/Center United States Cincinnati Royals 99 !T 1962[b]
1964–65
Reed, WillisWillis Reed*
Center/Forward United States New York Knicks 08 !8 1964
1965–66
Barry, RickRick Barry*
Forward United States San Francisco Warriors 02 !2 1965
1966–67
Bing, DaveDave Bing*
Guard United States Detroit Pistons 02 !2 1966
1967–68
Monroe, EarlEarl Monroe*
Guard United States Baltimore Bullets 02 !2 1967
1968–69
Unseld, WesWes Unseld*[a]
Center/Forward United States Baltimore Bullets 02 !2 1968
1969–70
Alcindor, LewLew Alcindor*
Center United States Milwaukee Bucks 01 !1 1969
1970–71[c]
Cowens, DaveDave Cowens*
Center/Forward United States Boston Celtics 04 !4 1970
1970–71[c]
Petrie, GeoffGeoff Petrie
Guard United States Portland Trail Blazers 08 !8 1970
1971–72
Wicks, SidneySidney Wicks
Forward/Center United States Portland Trail Blazers 02 !2 1971
1972–73
McAdoo, BobBob McAdoo*
Center/Forward United States Buffalo Braves 02 !2 1972
1973–74
DiGregorio, ErnieErnie DiGregorio
Guard United States Buffalo Braves 03 !3 1973
1974–75
Wilkes, JamaalJamaal Wilkes*
Forward/Guard United States Golden State Warriors 11 !11 1974
1975–76
Adams, AlvanAlvan Adams
Center/Forward United States Phoenix Suns 04 !4 1975
1976–77
Dantley, AdrianAdrian Dantley*
Forward/Guard United States Buffalo Braves 06 !6 1976
1977–78
Davis, WalterWalter Davis
Guard/Forward United States Phoenix Suns 05 !5 1977
1978–79
Ford, PhilPhil Ford
Guard United States Kansas City Kings 02 !2 1978
1979–80
Bird, LarryLarry Bird*[d]
Forward United States Boston Celtics 06 !6 1978[d]
1980–81
Griffith, DarrellDarrell Griffith
Guard United States Utah Jazz 02 !2 1980
1981–82
Williams, BuckBuck Williams
Forward/Center United States New Jersey Nets 03 !3 1981
1982–83
Cummings, TerryTerry Cummings
Forward United States San Diego Clippers 02 !2 1982
1983–84
Sampson, RalphRalph Sampson*
Center/Forward United States Houston Rockets 01 !1 1983
1984–85
Jordan, MichaelMichael Jordan*
Guard United States Chicago Bulls 03 !3 1984
1985–86
Ewing, PatrickPatrick Ewing*
Center United States[e] New York Knicks 01 !1 1985
1986–87
Person, ChuckChuck Person
Forward United States Indiana Pacers 04 !4 1986
1987–88
Jackson, MarkMark Jackson
Guard United States New York Knicks 18 !18 1987
1988–89
Richmond, MitchMitch Richmond*
Guard United States Golden State Warriors 05 !5 1988
1989–90
Robinson, DavidDavid Robinson* [f]
Center United States San Antonio Spurs 01 !1 1987[f]
1990–91
Coleman, DerrickDerrick Coleman
Forward United States New Jersey Nets 01 !1 1990
1991–92
Johnson, LarryLarry Johnson
Forward United States Charlotte Hornets 01 !1 1991
1992–93
O'Neal, ShaquilleShaquille O'Neal*
Center United States Orlando Magic 01 !1 1992
1993–94
Webber, ChrisChris Webber
Forward/Center United States Golden State Warriors 01 !1 1993
1994–95[c]
Hill, GrantGrant Hill*
Forward/Guard United States Detroit Pistons 03 !3 1994
1994–95[c]
Kidd, JasonJason Kidd*
Guard United States Dallas Mavericks 02 !2 1994
1995–96
Stoudamire, DamonDamon Stoudamire
Guard United States Toronto Raptors 07 !7 1995
1996–97
Iverson, AllenAllen Iverson*
Guard United States Philadelphia 76ers 01 !1 1996
1997–98
Duncan, TimTim Duncan
Forward/Center United States[g] San Antonio Spurs 01 !1 1997
1998–99
Carter, VinceVince Carter^
Guard/Forward United States Toronto Raptors 05 !5 1998
1999–00[c]
Brand, EltonElton Brand
Forward United States Chicago Bulls 01 !1 1999
1999–00[c]
Francis, SteveSteve Francis
Guard United States Houston Rockets 02 !2 1999
2000–01
Miller, MikeMike Miller
Forward/Guard United States Orlando Magic 05 !5 2000
2001–02
Gasol, PauPau Gasol^
Forward/Center Spain Memphis Grizzlies 03 !3 2001
2002–03
Stoudemire, Amar'eAmar'e Stoudemire
Forward/Center United States Phoenix Suns 09 !9 2002
2003–04
James, LeBronLeBron James^
Forward United States Cleveland Cavaliers 01 !1 2003
2004–05
Okafor, EmekaEmeka Okafor^
Center/Forward United States Charlotte Bobcats 02 !2 2004
2005–06
Paul, ChrisChris Paul^
Guard United States New Orleans/Oklahoma City Hornets 04 !4 2005
2006–07
Roy, BrandonBrandon Roy
Guard United States Portland Trail Blazers 06 !6 2006
2007–08
Durant, KevinKevin Durant^
Forward United States Seattle SuperSonics 02 !2 2007
2008–09
Rose, DerrickDerrick Rose^
Guard United States Chicago Bulls 01 !1 2008
2009–10
Evans, TyrekeTyreke Evans^
Guard/Forward United States Sacramento Kings 04 !4 2009
2010–11
Griffin, BlakeBlake Griffin^ [h]
Forward United States Los Angeles Clippers 01 !1 2009[h]
2011–12
Irving, KyrieKyrie Irving^
Guard United States Cleveland Cavaliers 01 !1 2011
2012–13
Lillard, DamianDamian Lillard^
Guard United States Portland Trail Blazers 06 !6 2012
2013–14
Carter-Williams, MichaelMichael Carter-Williams^
Guard United States Philadelphia 76ers 11 !11 2013
2014–15
Wiggins, AndrewAndrew Wiggins^
Forward/Guard Canada Minnesota Timberwolves 01 !1 2014
2015–16
Towns, Karl-AnthonyKarl-Anthony Towns^
Center United States[i] Minnesota Timberwolves 01 !1 2015
2016–17
Brogdon, MalcolmMalcolm Brogdon^
Guard United States Milwaukee Bucks 36 !36 2016
Unofficial winners
Prior to the 1952–53 season, the Rookie of the Year was selected by newspaper writers;[17] however, the NBA does not officially recognize those players as winners. The league did publish the pre-1953 winners in their 1994–95 edition of the Official NBA Guide and the 1994 Official NBA Basketball Encyclopedia, but those winners have not been listed in subsequent publications.[17][18][19]
Season
Player
Position
Nationality
Team
DP #
DY
1947–48
Hoffman, PaulPaul Hoffman
Guard/Forward United States Baltimore Bullets 70 1947
1948–49
Shannon, HowieHowie Shannon
Guard/Forward United States Providence Steamrollers 01 !1 1949
1949–50
Groza, AlexAlex Groza
Center United States Indianapolis Olympians 02 !2 1949
1950–51
Arizin, PaulPaul Arizin*
Forward/Guard United States Philadelphia Warriors 99 !T 1950
1951–52[c]
Tosheff, BillBill Tosheff
Guard United States Indianapolis Olympians 32 !32 1951
1951–52[c]
Hutchins, MelMel Hutchins
Forward/Center United States Milwaukee Hawks 02 !2 1951
See also
National Basketball Association portal
NBA Development League Rookie of the Year Award
NBA Rookie of the Month Award
Notes
^ Jump up to: a b Won the NBA Most Valuable Player Award in same year.
^ Jump up to: a b Though drafted in 1962 by the Cincinnati Royals, Jerry Lucas did not sign with the team until 1963 when he tried to sign with the Cleveland Pipers of the American Basketball League instead. He ended up sitting out the year when the deal fell through. His rookie season with the Royals began in the 1963–64 season.[6]
^ Jump up to: a b c d e f g h Denotes seasons in which joint winners were named
^ Jump up to: a b Though drafted in 1978 by the Boston Celtics, Larry Bird, opted to stay in college for his senior year, did not play in the NBA until 1979. His rookie season with the Celtics began in the 1979–80 season.[7]
Jump up ^ Patrick Ewing was born in Jamaica, but had become a naturalized United States citizen while playing college basketball at Georgetown.[8] He represented the United States at the 1984 Summer Olympics.[9]
^ Jump up to: a b Though drafted in 1987 by the San Antonio Spurs, David Robinson did not play in the NBA until 1989 due to commitments to the United States Navy.[10] His rookie season with the Spurs began in the 1989–90 season.[11]
Jump up ^ Because Tim Duncan is a United States citizen by birth, as are all natives of the U.S. Virgin Islands,[12] he was able to play for the U.S. internationally. He represented the United States at the 2004 Summer Olympics[13]
^ Jump up to: a b Though drafted in 2009 by the Los Angeles Clippers, Blake Griffin missed the entire 2009–10 season due to a knee injury. His rookie season with the Clippers was the 2010–11 season.[14]
Jump up ^ Karl-Anthony Towns was born and raised in the United States to an American father and a Dominican mother.[15] He has represented the Dominican Republic internationally since 2012.[16]
References
General
"Rookie of the Year Award". NBA.com. Turner Sports Interactive, Inc. Retrieved April 27, 2007.
"Rookie of the Year Award Winners". basketball-reference.com. Retrieved July 7, 2008.
Specific
Jump up ^ "Wolves' Towns named 2015-16 Kia Rookie of the Year". NBA.com. May 16, 2016. Retrieved November 21, 2016.
Jump up ^ "Trail Blazers' Brandon Roy Named 2006-07 T-Mobile NBA Rookie of the Year". NBA.com. Turner Sports Interactive, Inc. May 3, 2007. Retrieved July 10, 2008.
Jump up ^ "Brand, Francis named NBA co-rookies of the year". CBC Sports. November 10, 2000. Retrieved July 13, 2008.
Jump up ^ "It's unanimous: Karl-Anthony Towns gets every first-place vote for Rookie of the Year". StarTribune.com. Minneapolis Star Tribune. May 16, 2016. Retrieved May 16, 2016.
Jump up ^ "Bargnani becomes first European top NBA draft pick". People's Daily Online. June 29, 2006. Retrieved June 16, 2008.
Jump up ^ "Jerry Lucas Bio". NBA.com. Turner Sports Interactive, Inc. Retrieved July 13, 2008.
Jump up ^ "Larry Bird Bio". NBA.com. Turner Sports Interactive, Inc. Retrieved July 13, 2008.
Jump up ^ Ralph Wiley (January 7, 1985). "The Master Of The Key: After years of relying on others to unlock doors for him, Georgetown's center Patrick Ewing will soon go off on his own". Sports Illustrated. Archived from the original on September 8, 2008. Retrieved June 16, 2008.
Jump up ^ "All-Time USA Basketball Men's Roster: E". USA Basketball. Archived from the original on August 4, 2008. Retrieved July 13, 2008.
Jump up ^ Dave Anderson (May 18, 1987). "Sports of the Times; The Robinson Plot Thickens". The New York Times. Retrieved June 16, 2008.
Jump up ^ "David Robinson". basketball-reference.com. Retrieved June 20, 2008.
Jump up ^ "Virgin Islands". CIA World Factbook. Retrieved August 12, 2008.
Jump up ^ "All-Time USA Basketball Men's Roster: D". USA Basketball. Archived from the original on August 28, 2009. Retrieved June 16, 2008.
Jump up ^ "Griffin's rookie season lost to injury". ESPN.com. January 13, 2010. Retrieved January 13, 2010.
Jump up ^ Zgoda, Jerry (June 26, 2015). "Karl-Anthony Towns taken No.1 by Wolves; Tyus Jones acquired in trade with Cavaliers". Star Tribune. Retrieved June 26, 2015.
Jump up ^ "Calipari makes Dominican team roster cuts". WKYT. June 16, 2012. Retrieved June 26, 2015.
^ Jump up to: a b Friedman, David (March 2, 2009). "Bill Tosheff: NBA Co-Rookie of the Year and Tireless Advocate for the "Pre-1965ers". 20 Second Timeout. Retrieved September 1, 2011.
Jump up ^ Goldstein, Allan (October 30, 1994). "NBA forgot it honored Hoffman". The Baltimore Sun. Retrieved September 1, 2011.
Jump up ^ Sachare, Alex (1994). The Official NBA Basketball Encyclopedia. New York: Villard Books. p. 371. ISBN 978-0-679-43293-7.
hide
v
t
e
NBA Rookie of the Year Award
1953: Meineke
1954: Felix
1955: Pettit
1956: Stokes
1957: Heinsohn
1958: Sauldsberry
1959: Baylor
1960: Chamberlain
1961: Robertson
1962: Bellamy
1963: Dischinger
1964: Lucas
1965: Reed
1966: Barry
1967: Bing
1968: Monroe
1969: Unseld
1970: Alcindor
1971: Cowens & Petrie
1972: Wicks
1973: McAdoo
1974: DiGregorio
1975: Wilkes
1976: Adams
1977: Dantley
1978: Davis
1979: Ford
1980: Bird
1981: Griffith
1982: Williams
1983: Cummings
1984: Sampson
1985: Jordan
1986: Ewing
1987: Person
1988: Jackson
1989: Richmond
1990: Robinson
1991: Coleman
1992: Johnson
1993: O'Neal
1994: Webber
1995: Hill & Kidd
1996: Stoudamire
1997: Iverson
1998: Duncan
1999: Carter
2000: Brand & Francis
2001: Miller
2002: Gasol
2003: Stoudemire
2004: James
2005: Okafor
2006: Paul
2007: Roy
2008: Durant
2009: Rose
2010: Evans
2011: Griffin
2012: Irving
2013: Lillard
2014: Carter-Williams
2015: Wiggins
2016: Towns
2017: Brogdon
Retrieved from "https://en.wikipedia.org/w/index.php?title=NBA_Rookie_of_the_Year_Award&oldid=845863708"
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Common-law marriage, also known as sui iuris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a legal framework in a limited number of jurisdictions where a couple is legally considered married, without that couple having formally registered their relation as a civil or religious marriage. The original concept of a "common-law marriage" is a marriage that is considered valid by both partners, but has not been formally recorded with a state or religious registry, or celebrated in a formal religious service. In effect, the act of the couple representing themselves to others as being married, and organizing their relation as if they were married, acts as the evidence that they are married.
The term common-law marriage has wide informal use, often to denote relations that are not legally recognized as common-law marriages. The term common-law marriage is often used colloquially or by the media to refer to cohabiting couples, regardless of any legal rights that these couples may or may not have, which can create public confusion both in regard to the term and in regard to the legal rights of unmarried partners.[1]
Contents
1 Terminology, misuse of the term, and public misconceptions
2 Essential distinctions from statutory marriage
3 History
4 Legislation
4.1 Australia
4.2 Canada
4.2.1 Ontario
4.2.2 Quebec
4.2.3 British Columbia
4.2.4 Other provinces
4.3 Israel
4.4 Ireland
4.5 Netherlands
4.6 United Kingdom
4.6.1 England and Wales
4.6.2 Scotland
4.7 United States
4.8 English-speaking Caribbean
5 See also
6 References
Terminology, misuse of the term, and public misconceptions[edit]
The term "common-law marriage" is often used incorrectly to describe various types of couple relationships, such as cohabitation (whether or not registered), or other legally formalized relations. Although these interpersonal relationships are often called "common-law marriage" they differ from true common-law marriage, in that they are not legally recognized as "marriages", but are a parallel interpersonal status, known in most jurisdictions as "domestic partnership", "registered partnership", "conjugal union", "civil union", etc. In Canada, for instance, while couples in "marriage-like relationships" may have many of the rights and responsibilities of a marriage (laws vary by province), couples in such partnerships are not legally considered married, although they may be legally defined as "unmarried spouses" and for many purposes (such as taxes, financial claims, etc.) they are treated as if they were married.[2][3] In recent years, the term common-law marriage has gained increased use as a generic term for all unmarried couples – however, this term has a narrow legal meaning. First of all, one can only talk of "common-law marriage" if such marriage was formed in a jurisdiction which actually applies the common law. A 2008 poll in the UK showed that 51% of respondents incorrectly believed that cohabitants had the same rights as married couples.[4]
Non-marital relationship contracts are not necessarily recognized from one jurisdiction to another, and neither are de facto couples, whereas common-law marriages, being a legal marriage, are valid marriages worldwide (if the parties complied with the requirements to form a valid marriage while living in a jurisdiction that allows this form of marriage to be contracted).
Essential distinctions from statutory marriage[edit]
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Common-law and statutory marriage have the following characteristics in common:
Both parties must freely consent to the marriage
Both parties must be of legal age to contract a marriage or have parental consent to marry
Neither party may be under a disability that prevents him or her from entering into a valid marriage – e.g. they must both be of sound mind, neither of them can be currently married, and some jurisdictions do not permit prisoners to marry.
Otherwise, common-law marriage differs from statutory marriage as follows:
There is no marriage license issued by a government and no marriage certificate filed with a government
There is no formal ceremony to solemnize the marriage before witnesses
The parties must hold themselves out to the world as spouses (this is not a requirement of statutory marriage)
Most jurisdictions require the parties to be cohabiting at the time the common-law marriage is formed. Some require cohabitation to last a certain length of time (e.g. three years) for the marriage to be valid. But cohabitation alone does not create a marriage. The parties must intend their relationship to be, and to be regarded as, a legally valid marriage.
History[edit]
In ancient Greek and Roman civilization, marriages were private agreements between individuals and families. Community recognition of a marriage was largely what qualified it as a marriage. The state had only limited interests in assessing the legitimacy of marriages. Normally civil and religious officials took no part in marriage ceremonies, nor did they keep registries. There were several more or less formal ceremonies to choose from (partly interchangeable, but sometimes with different legal ramifications) as well as informal arrangements. It was relatively common for couples to cohabit with no ceremony; cohabiting for a moderate period of time was sufficient to make it a marriage. Cohabiting for the purpose of marriage carried with it no social stigma.[citation needed]
In medieval Europe, marriage came under the jurisdiction of canon law, which recognized as a valid marriage one where the parties stated that they took one another as wife and husband, even in absence of any witnesses.[citation needed]
The Catholic Church forbade clandestine marriage at the Fourth Lateran Council (1215), which required all marriages to be announced in a church by a priest. The Council of Trent (1545–1563) introduced more specific requirements, ruling that in the future a marriage would be valid only if witnessed by the pastor of the parish or the local ordinary (i.e., the bishop of the diocese), or by the delegate of one of said witnesses, the marriage being invalid otherwise, even if witnessed by a Catholic priest. The Tridentine canons did not bind the Protestants or the Eastern Orthodox, but clandestine marriage was impossible for the latter, since marriage required the presence of a priest for validity. England abolished clandestine or common-law marriages in the Marriage Act 1753,[citation needed] requiring marriages to be performed by a priest of the Church of England unless the participants in the marriage were Jews or Quakers. The Act applied to Wales. The Act did not apply to Scotland because by the Acts of Union 1707 Scotland retained its own legal system. To get around the requirements of the Marriage Act, such as minimum age requirements, couples would go to Gretna Green in southern Scotland, or other border villages such as Coldstream, to get married under Scots law.
Marriages per verba de praesenti, sometimes known as common-law marriages, were an agreement to marry, rather than a marriage.[5]
The Marriage Act of 1753 also did not apply to Britain's overseas colonies of the time, so common-law marriages continued to be recognized in the future United States and Canada. All other European jurisdictions have long abolished "marriage by habit and repute",[citation needed] Scotland became the last to do so in 2006.[6]
Legislation[edit]
Australia[edit]
See also: Australian family law
In Australia the term de facto relationship is often used to refer to relationships between any two persons who are not married, but are effectively living in certain domestic circumstances. Since March 1, 2009 de facto relationships have been recognized in the Family Law Act (Commonwealth), applicable in states that have referred their jurisdiction on de facto couples to the Commonwealth's jurisdiction. In Western Australia, the only state that has not referred its jurisdiction, state legislation is still valid. There is also no federal recognition of de facto relationships existing outside of Australia (see Section 51(xxxvii) of the Australian Constitution), and so this is also a state matter.
The legal term for such relationships varies by state and territory; however, common-law marriage is not used anywhere in Australia.
State
Name
Law
New South Wales/Norfolk Island "Domestic relationship", encompassing "de facto relationships" and "close personal relationships" Property (Relationships) Act 1984. Since July 1, 2016 all NSW laws also apply to the approximately 2,000 residents on Norfolk Island, under both the Norfolk Island Legislation Amendment Act 2015 and the Territories Legislation Amendment Act 2016 - because the Norfolk Legislative Assembly was abolished on July 1, 2015.[7][8][9]
Victoria "Domestic relationship", defined to mean "de facto relationships" Property Law Act 1958 Part IX
Queensland "De facto relationship" Property Law Act 1974
South Australia "Close personal relationship" Domestic Partners Property Act 1996
Western Australia "De facto relationship" Family Court Act 1997, Part 5A
Tasmania "Personal relationship", encompassing "significant relationships" and "caring relationships" Relationships Act 2003
Australian Capital Territory "Domestic relationship" and "domestic partnership" Domestic Relationships Act 1994, Legislation Act 2001 s 169
Northern Territory "De facto relationship" De Facto Relationships Act 1991
Although property aspects of these relationships are dealt with under state law, the law relating to children of such relationships is contained in the federal Family Law Act 1975. Most laws dealing with taxation, social welfare, pensions, etc., treat de facto marriages in the same manner as solemnized marriages.
The Family Law Act states that a de facto relationship can exist between two people of different or the same sex and that a person can be in a de facto relationship even if legally married to another person or in a de facto relationship with someone else. Family property laws, however, are excepted from jurisdiction when a person is both married and in a de facto relationship at the same time. This exception is due to federal polygamy laws. Same-sex de facto relationships have been recognized in New South Wales since 1999. There are a number of methods by which these relationships are recognized in Australian law and they include the same entitlements as de jure marriage.
The federal Marriage Act 1961 provides for marriage, but does not recognize 'common-law marriages'. Since midnight 9 January, 2018 same-sex marriage became legally effective throughout Australia.
Canada[edit]
Further information: Common-law relationships in Manitoba and Marriage 'à la façon du pays'
Canada does not have true common-law marriage (as in parts of the US), although common-law relationships are recognized for certain purposes across Canada.[10] In Canada, the legal definition and many implications of marriage-like relationships fall under provincial jurisdiction. The term "common law" appears informally in documents from the federal government.[11]
Citizenship & Immigration Canada states that a common-law partner refers to a person who is living in a conjugal relationship with another person (opposite or same sex), and has done so continuously for a period of at least one year.[12] A conjugal relationship exists when there is a significant degree of commitment between two people. This can be shown with evidence that the couple share the same home, that they support each other financially and emotionally, that they have children together, or that they present themselves in public as a couple. Common-law partners who are unable to live together or appear in public together because of legal restrictions in their home country or who have been separated for reasons beyond their control (for example, civil war or armed conflict) may still qualify and should be included on an application.
Canada Revenue Agency (CRA) states, as of 2007, a common-law relationship is true if at least one of the following applies:[11]
the couple has been living in a conjugal relationship for at least 12 continuous months;
the couple are parents of a child by birth or adoption; or
one of the couple has custody and control of the other partner's child (or had custody and control immediately before the child turned 19 years of age) and the child is wholly dependent on that person for support.
The complete CRA definitions for marital status is available.
In many cases, couples in marriage-like relationships have the same rights as married couples under federal law. Various federal laws include "common-law status", which automatically takes effect when two people (of any gender) have lived together in a conjugal relationship for five full years. Common-law partners may be eligible for various federal government spousal benefits. As family law varies between provinces, there are differences between the provinces regarding the recognition of common-law relationship. No province other than Saskatchewan and British Columbia sanctions married persons to be capable in family law of having more than one recognized partner at the same time.
In 1999, after the court case M. v. H., the Supreme Court of Canada decided that same-sex partners would also be included in common-law relationships. In Saskatchewan, Queen's Bench justices have sanctioned common-law relationships as simultaneously existing in Family law while one or more of the spouses were also civilly married to others.
Ontario[edit]
In Ontario, the Ontario Family Law Act specifically recognizes common-law spouses in section 29, dealing with spousal support issues; the requirements are living together continuously for no less than three years[13] or having a child in common and having "cohabited in a relationship of some permanence". The three years must be continuous, although a breakup of a few days during the period will not affect a person's status as common law.
Married people may also have a recognized common-law spouse even before being divorced from the first spouse.[14][15]
However, common-law spouses do not have automatic rights under the Family Law Act to their spouses' property because section 29 of the Act (which extends the definition of spouses beyond those who are married) applies only to the support sections of the Act. Thus, common-law partners do not have a statutory right to divide property in a breakup, and must ask courts to look to concepts such as the constructive or resulting trust to divide property in an equitable manner between partners.
Another difference that distinguishes common-law spouses from married partners is that a common-law partner can be compelled to testify against his or her partner in a court of law.
Quebec[edit]
The Civil Code of Quebec has never recognized a common-law partnership as a form of marriage. However, many laws in Quebec explicitly apply to common-law partners (called conjoints de fait) in "de facto unions" (marriages being "de jure unions"), as they do to marriage spouses.[16] Same-sex partners are also recognized as "conjoints de fait" in de facto unions, for the purpose of social benefit laws.[17] However, common-law partners do not have any legal rights between them, such as alimony, family patrimony, compensatory allowance and matrimonial regime. The Quebec Court of Appeal ruled this restriction to be unconstitutional in 2010; and on January 25, 2013 the Supreme Court of Canada ruled that common-law couples do not have the same rights as married couple.[18]
A 2002 amendment to the Civil Code, recognizes a type of domestic partnership called a civil union that is similar to marriage and is likewise available to same-sex partners.
Further information: Civil unions in Quebec
No citizen of Quebec can be recognized under family law to be in both a civilly married state and a "conjoints de fait" within the same time frame. Divorce from one conjugal relationship must occur before another conjugal relationship may occur in family law.
Same-sex partners can also marry legally in Quebec, as elsewhere in Canada.
British Columbia[edit]
The term "common-law marriage" does not appear in BC law. A distinction is made between being a spouse and being married. Married couples include only those who have engaged in a legal marriage ceremony and have received a marriage licence. Spouses include married couples as well as those, of same or opposite gender, who satisfy criteria for being in a marriage-like relationship for a time period that depends on the law that is being considered. Hence the meaning of the term unmarried spouse in BC depends on the legal context. The criteria for a relationship being accepted as marriage-like include cohabitation for at least the specified period, unbroken by excessively long intervals that are unexplained by exigent circumstances. If dispute arises about whether the relationship was marriage-like, a court would consider a comprehensive set of further criteria including the domestic and financial arrangements, degree and nature of intimacy, and the sense of the relationship presented to friends and families (especially by each spouse to his/her own family). "Mere roommates will never qualify as unmarried spouses. There needs to be some other dimension to the relationship indicative of a commitment between the parties and their shared belief that they are in a special relationship with each other."[2] The criteria do not exclude the existence of a previous marriage to a third person during the period of the marriage-like relationship of the unmarried spouses. Hence a person may have more than one spouse at the same time.[2][19]
The implications of becoming an unmarried spouse include:
Child support. A spouse is responsible for contributing towards support of a child and possibly the other spouse if he/she is a biological or adoptive parent, or has contributed to support of the child for at least one year during the "marriage-like relationship" with the child's parent and the parent applies to the court for continuing support after separation and within one year of the last support contribution. (The contribution towards child support expected from a non-parent is not as great as from a parent.)
Financial support and division of property and debts after separation. If the "marriage-like relationship" has continued for two years, the laws that apply upon separation are the same as those that apply to married couples, according to the "Estate Administration Act".[20] All property and debts acquired prior to the relationship are exempt. If no agreement between the partners about property and/or debts is written during or after the relationship, then the law specifies equal sharing of all acquired during the relationship, as well as any changes in the value of those brought into the relationship. (There is an exemption from equal sharing for certain categories, such as gifts and inheritances received by one spouse.) The degree of participation of each spouse in the acquisition of property or debt does not affect the sharing. Financial support may also be requested from the former spouse.[21] A claim for financial support or the division of property and debt must be made within two years of the date of separation.
Inheritance. A spouse is eligible for inheritance if the "marriage-like relationship" has existed for at least two years immediately prior to the death of the other spouse. All property and debts held in common are fully inherited automatically by the surviving spouse. Those brought into the relationship are subject to any existing valid will, which may be vulnerable to challenge if it does not provide for the surviving spouse and any children.
Benefits from government programs. Access to benefits from government programs or policies can become more (or less) available upon becoming an unmarried spouse. In general, these become similar or identical to those of married couples, but the criteria for qualifying as unmarried spouses, such as longevity of the relationship, differ for the various programs. Social assistance is often immediately reduced when there is perceived to be a "spouse in the house", regardless of the nature of the relationship.[2]
Other provinces[edit]
The requirements in some other provinces are as follows:
In Nova Scotia, a couple must cohabit for two years in a marriage-like relationship, and may not have been married to another person during this time.
In New Brunswick, a couple must live together for three years or have a natural or adopted child together. They cannot have been married to another person during this time.[22]
In Alberta, common-law relationships have been subsumed since 2003 under the terms of the Adult Interdependent Relationship Act,[23] which may additionally apply to any two unrelated people living together in a mutually dependent relationship for three years. Only one interdependent relationship is allowed at a time. In the event either of the common-law spouses are married to other persons during this time, neither of the common-law couple can begin to be "interdependent" until divorce from other spouses occurs.
Israel[edit]
In Israel, courts and a few statutes (such as social security which grants death and disability benefits) have recognized an institute of yeduim batsibur (ידועים בציבור) meaning a couple who are "known in the public" (lit. translation) as living together as husband and wife. Generally speaking the couple needs to satisfy two tests which are: 1) "intimate life similar to married couple, relationship based on same emotions of affection and love, dedication and faithfulness, showing they have chosen to share their fate" (Supreme Court of Israel, judge צבי ברנזון (intimacy test)), and 2) sharing household (economic test). In addition courts usually are more likely to recognize such relationship as marriage for granting benefits if the couple could not get married under the Israeli law. [24]
Ireland[edit]
Ireland does not recognize common-law marriage, but the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 gives some rights to unmarried cohabitants.
Netherlands[edit]
In the Netherlands a couple can sign a samenlevingscontract (cohabitation agreement). This is also commonly done by couples who don't want to get married legally.
United Kingdom[edit]
See also: Cohabitation in the United Kingdom
England and Wales[edit]
The term "common-law marriage" has been used in England and Wales to refer to unmarried, cohabiting heterosexual relationships.[25] However, this is merely a social usage. The term does not confer on cohabiting parties any of the rights or obligations enjoyed by spouses or civil partners. Unmarried partners are recognised for certain purposes in legislation: e.g., for means-tested benefits. For example, in the Jobseekers Act 1995, "unmarried couple" was defined as a man and woman who are not married to each other but who are living together in the same household as husband and wife other than in prescribed circumstances. But in many areas of the law cohabitants enjoy no special rights. Thus when a cohabiting relationship ends ownership of any assets will be decided by property law. The courts have no discretion to reallocate assets, as occurs on divorce.
It is sometimes mistakenly claimed[26] that before the Marriage Act 1753 cohabiting couples would enjoy the protection of a "common-law marriage". In fact, neither the name nor the concept of "common-law marriage" was known at this time.[25] Far from being treated as if they were married, couples known to be cohabiting risked prosecution by the church courts for fornication.[27]
It is equally mistakenly claimed that couples who lived together without undergoing a marriage ceremony before the Marriage Act 1753 would be presumed to have undertaken a "contract marriage" by mutual consent. However, contract marriages (or more strictly contracts per verba de praesenti), were not understood as having the legal status of a valid marriage until the decision in Dalrymple in 1811.[28] This decision affected the subsequent development of English law due to the fact that the Marriage Act 1753 did not apply overseas. English courts later held that it was possible to marry by a simple exchange of consent in the colonies although most of the disputed ceremonies involved the ministrations of a priest or other clergyman.
The English courts also upheld marriages by consent in territories not under British control but only if it had been impossible for the parties to marry according to the requirements of the local law.[29] The late 1950s and early 1960s saw a spate of cases arising out of the Second World War, with marriages in prisoner-of-war camps in German-occupied Europe posing a particular problem for judges.[25] (Some British civilians interned by the Japanese during the Second World War were held to be legally married after contracting marriages under circumstances where the formal requirements could not be met.) To this limited extent, English law does recognise what has become known as a "common-law marriage". English legal texts initially used the term to refer exclusively to American common-law marriages.[25] Only in the 1960s did the term "common-law marriage" begin to be used in its contemporary sense to denote unmarried, cohabiting heterosexual relationships[25] and not until the 1970s and 1980s did the term begin to lose its negative connotations.[25] The use of the term is likely to have encouraged cohabiting couples to believe falsely that they enjoyed legal rights. By the end of the 1970s a myth had emerged that marrying made little difference to one’s legal rights, and this fuelled the subsequent increase in the number of couples living together and having children together outside marriage.[30]
Scotland[edit]
Main article: Marriage in Scotland
Under Scots law, there have been several forms of "irregular marriage", among them:
Irregular marriage by declaration de presenti—declaring in the presence of two witnesses that one takes someone as one's wife or husband.
Irregular marriage conditional on consummation.
Marriage contracted by correspondence.
Irregular marriage by cohabitation with habit and repute.
The Marriage (Scotland) Act 1939 provided that the first three forms of irregular marriage could not be formed on or after 1 January 1940. However, any irregular marriages contracted prior to 1940 can still be upheld. This act also allowed the creation of regular civil marriages in Scotland for the first time. (The civil-registration system started in Scotland on 1 January 1855.)
Until this act, the only regular marriage available in Scotland was a religious marriage. Irregular marriages were not socially accepted and many people who decided to contract them did so where they were relatively unknown. In some years up to 60% of the marriages in the Blythswood Registration District of Glasgow were "irregular".
In 2006, "marriage by cohabitation with habit and repute", the last form of irregular marriage that could still be contracted in Scotland, was abolished in the Family Law (Scotland) Act 2006. Until that act had come into force, Scotland remained the only European jurisdiction never to have totally abolished the old-style common-law marriage. For this law to apply, the minimum time the couple have lived together continuously had to exceed 20 days.
As in the American jurisdictions that have preserved it, this type of marriage can be difficult to prove. It is not enough for the couple to have lived together for several years, but they must have been generally regarded as husband and wife. Their friends and neighbors, for example, must have known them as Mr. and Mrs. So-and-so (or at least they must have held themselves out to their neighbors and friends as Mr. and Mrs. So-and-so). Also, like American common-law marriages, it is a form of lawful marriage, so that people cannot be common-law spouses, or husband and wife by cohabitation with habit and repute, if one of them was legally married to somebody else when the relationship began.
It is a testament to the influence of American legal thought and English colloquial usage that, in a study conducted by the Scottish Executive in 2000, 57% of Scots surveyed believed that couples who merely live together have a "common-law marriage". In fact, that term is unknown in Scots law, which uses "marriage by cohabitation with habit and repute". "Common-law marriage" is an American term.
Otherwise, men and women who otherwise behave as husband and wife do not have a common-law marriage or a marriage by habit and repute merely because they set up housekeeping together, but they must hold themselves out to the world as husband and wife. (In many jurisdictions, they must do so for a certain length of time for the marriage to be valid.) The Scottish Survey is not clear on these points.[31] It notes that "common-law marriage" is not part of Scots law, but it fails to note that "marriage by cohabitation with habit and repute", which is the same thing but in name, was part of Scots law until 2006.
United States[edit]
Main article: Common-law marriage in the United States
In the United States, common-law marriage can be contracted in eight states and the District of Columbia. Once they meet the requirements of common-law marriage, couples in those true common-law marriages are considered legally married for all purposes and in all circumstances.[32]
Common-law marriage can still be contracted in Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia.[33][34] Common law marriage may also be valid under military law for purposes of a bigamy prosecution under the Uniform Code of Military Justice.[35]
All U.S. jurisdictions recognize common-law marriages that were validly contracted in the originating jurisdiction, because they are valid marriages in the jurisdiction where they were contracted. see: Full Faith and Credit Clause. However, absent legal registration or similar notice of the marriage, the parties to a common law marriage or their eventual heirs may have difficulty proving their relationship to be marriage. Some states provide for registration of an informal or common-law marriage based on the declaration of each of the spouses on a state-issued form.[36]
English-speaking Caribbean[edit]
Due to their colonial past, the islands of the English-speaking Caribbean have statutes concerning common-law marriage similar to those in England. However, in the Caribbean, the term "common-law" marriage is also widely described, by custom as much as by law, to any long term relationship between male and female partners. Such unions are widespread, making up a significant percentage of the families many of which have children and may last for many years. The reasons for people choosing common-law arrangements is debated in sociological literature. Although the acceptance of this type of union varies, men being more inclined to consider them as legitimate than women, they have become an institution.[37][38]
See also[edit]
Free love
Nikah 'urfi
Pacte civil de solidarité
Putative marriage
References[edit]
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Jump up ^ "Marriage Laws of the Fifty States, District of Columbia and Puerto Rico". Wex. Legal Information Institute. Retrieved 24 July 2009.
Jump up ^ Gore, Leada (28 December 2016). "Common law marriage in Alabama ending Jan. 1, 2017". Alabama Media Group. Al.com. Retrieved 11 September 2017.
Jump up ^ See "United States v. Juillerat, ACM 206-06 (A.F.C.C.A. 2016)" (PDF). Court of Criminal Appeals. United States Airforce. Retrieved 11 September 2017. (A ceremonial marriage had been declared invalid by the state because it was not filed as required by law, but the marriage was treated as valid under military law such that the servicemember was convicted of bigamy.)
Jump up ^ See, e.g., "Declaration and Registration of Informal Marriage" (PDF). Texas Health and Human Services. Retrieved 11 September 2017.
Jump up ^ Hyman Rodman, "Illegitimacy in the Caribbean Social Structure: A Reconsideration", American Sociological Review 31 (1966): 673–83.
Jump up ^ Benjamin Schlesinger, "Family Patterns in the English-Speaking Caribbean", Journal of Marriage and Family 30 (1968): 49–54.
Look up common-law marriage in Wiktionary, the free dictionary.
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