Common law marriage—also known as marriage without formalities or informal marriage—is marriage without a wedding or marriage ceremony and without a marriage license. Some states recognize common law marriage under certain circumstances—such as when the parties agree to be married, live together (cohabit) after agreeing to be married, and represent to others that they are married (holding themselves out as a married couple).

Other states previously recognized common law marriages, but no longer recognize such marriages after a certain date on which the law was changed—usually by statute. In other states, common law marriage has not been recognized by the legislature in a statute, but the courts have recognized common law marriage in court opinions or case law.

In Iowa, common law marriage is recognized under certain circumstances. To establish a common law marriage in Iowa, three main elements must be present: (1) the intent and agreement to be married, (2) continuous cohabitation, and (3) a public declaration that the couple is married (holding themselves out to the public as husband and wife). It is important to note that simply living together does not automatically result in a common law marriage. The couple must present themselves to the public as married and intend to be married. If a common law marriage is established, the couple is afforded the same legal rights and responsibilities as a couple married through a formal ceremony and with a marriage license. This includes matters of inheritance, divorce, and spousal support. However, if a couple wishes to end a common law marriage, they must go through the same legal divorce process as formally married couples.