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Chapter 741 — Marriage

Florida Statute 741.211

“Common-law marriages void”

What it means

Section 741.211 provides that no common-law marriage entered into after January 1, 1968, is valid.

The section has an exception: it does not affect a marriage that, though otherwise defective, was entered into by the party asserting the marriage in good faith and in substantial compliance with chapter 741.

The section speaks only to common-law marriages entered into after January 1, 1968. It does not address marriages entered into on or before that date or marriages entered into in other states.

— What it says
  • No common-law marriage entered into after January 1, 1968 is valid (§ 741.211).
  • A marriage that is defective but entered into in good faith and in substantial compliance with chapter 741 is not affected (§ 741.211).
  • The exception applies to the party asserting the marriage who acted in good faith (§ 741.211).
  • The section does not say anything about marriages before 1968 or marriages formed in other states (§ 741.211).

Text of the statute (2026)

§ 741.211
No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.

Excerpts are the subsections the summary relies on. Read the full official text of § 741.211.

History. s. 1, ch. 67-571.

— In a Florida probate

How it applies

The section's rule is that a common-law marriage entered into after January 1, 1968 is not valid. Whether a particular relationship began as a common-law marriage after that date is a question of fact the section does not itself answer.

The exception covers a marriage that, though otherwise defective, was entered into by the party asserting it in good faith and in substantial compliance with chapter 741. Marriages entered into before 1968 or in other states fall outside what this section says.

Where this shows up

Pages on this site where § 741.211 does real work:

Questions people ask

Does Florida recognize common-law marriage?
Not for marriages entered into after January 1, 1968. Florida Statute 741.211 says no common-law marriage entered into after that date is valid. The section has a limited exception for a defective marriage entered into in good faith and in substantial compliance with chapter 741. It does not address marriages formed in other states.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 741.211

Published by the Probate.Help editorial team.How these pages are written and checked.

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