STATE OF COLORADO
AFFIDAVIT OF COMMON LAW MARRIAGE
STATE OF COLORADO )
COUNTY OF SAMPLE - VOID )
Each undersigned Affiant, after individually sworn upon oath, deposes and states as follows.
1. We are each domiciliaries (legal residents) of the State of Colorado.
2. Affiants jointly and severally state and affirm we are married to each other.
3. We jointly and severally profess, publish, declare and hold ourselves out to third persons
and the public at large to be married to each other as common law husband and wife under
4. The Affiants co-habitate (live together) and state as follows:
Either ¶ box 1 or 2 must be checked.
G 1. Neither Affiant lacks the physical capacity to consummate the marriage by sexual
intercourse, and the Affiants have engaged in sexual intercourse together, or
G 2. Either one or both Affiants lack(s) the physical capacity to consummate the marriage
by sexual intercourse, however the other Affiant(s) has/have knowledge of this fact.
5. Neither Affiant is under any impediment or constraint against marriage, such as would
cause our marriage to be invalid or void as a matter of law under CRS 14-10-111, nor is our
marriage prohibited under CRS 14-2-110. Affirmative statements below are true and correct.
(a) Neither Affiant lacks capacity to consent to the marriage at the time of marriage nor at the time
of execution of this Affidavit, either because of mental incapacity or infirmity or because of
the influence of alcohol, drugs, or other incapacitating substances.
(b) Either ¶ box 1 or 2 must be checked.
G 1. Neither Affiant is under the age of capacity (age 18) as provided by Colorado law, or
G 2. Either one or both Affiants is/are under the age of capacity but of permissive age with
parental consent (between the ages of 16 and 18) as provided by Colorado law, and the
underage Affiant(s) has/have the written consent of his or her parents or guardian or judicial
approval as provided by law.
(c) Each Affiant affirmatively states he/she has not committed a fraudulent act nor has he/she made
a fraudulent representation to the other party, which fraudulent act or representation goes to
the essence of the marriage.
(d) Neither Affiant enters into the marriage or executes this Affidavit in reliance upon a fraudulent act
or representation of the other party, which fraudulent act or representation goes to the
essence of the marriage.
HUSBAND’S VERIFICATION INITIALS VOID WIFE’S VERIFICATION INITIALS VOID
(e) Neither Affiant enters into the marriage or executes this Affidavit under duress, coercion or undue
influence exercised by the other Affiant or by a third person.
(f) Neither Affiant enters into the marriage or executes this Affidavit as a jest or dare.
(g) The marriage is not prohibited by law, including the following:
(I) A marriage entered into prior to the dissolution of an earlier marriage of one of the Affiants;
(II) A marriage between an ancestor and a descendant or between a brother and a sister,
whether the relationship is by the half or the whole blood;
(III) A marriage between an uncle and a niece or between an aunt and a nephew, whether
the relationship is by the half or the whole blood, except as to marriages permitted by the
established customs of aboriginal cultures.
6. We jointly and severally state we understand common law marriage vests and holds all
rights, privileges & obligations of a statutory marriage (marriage by clergy, magistrate or judge).
7. We jointly and severally state we understand common law marriage may not be
terminated or dissolved by mutual consent or affirmation, but remains valid unless dissolved
through decree of marriage entered by a court of competent jurisdiction or by death.
8. This affidavit is executed and published in good faith for lawful purposes to declare our
marriage, and not for the purpose of fraud, deception or other unlawful purpose.
SAMPLE - VOID SAMPLE - VOID
SIGNATURE OF HUSBAND - AFFIANT SIGNATURE OF WIFE - AFFIANT
Printed Name: Printed Name:
SUBSCRIBED AND SWORN on , 20 in County,
Colorado by each above Affiant, the husband and the wife, personally known to me.
Witness my hand and official seal.
My Commission expires:
SAMPLE - VOID
NOTICE AND DISCLAIMER: This is a sample form published to the internet for educational or informational
purpose only. The sample is not intended for use to establish or verify a Colorado common law marriage.
Under no circumstance shall publication of this sample form be considered as legal advice, nor shall
publication or reading this sample form be considered as establishing an attorney-client relationship.