The truth is, Utah does not have “common law” marriage per se, which is a judicial construct rather than a positive legislative law.

But Utah does still have a statute that recognizes an un-solemnized marriage under certain conditions, at least until May 5th, 2027. Utah Code Section 81-2-408 provides as follows:

81-2-408. Validity of marriage not solemnized or solemnized before an unauthorized individual.
(1) Before May 5, 2027, an individual may file a petition with a court to validate and make legal a marriage that is not solemnized in accordance with this chapter.
(2) On a filing of a petition described in Subsection (1), the court may enter an order validating and making legal a marriage that is not solemnized in accordance with this chapter if the court establishes that the marriage arises out of a contract between two individuals:
(a) of legal age and capable of giving consent;
(b) legally capable of entering a solemnized marriage under the provisions of this chapter;
(c) who have cohabited;
(d) who mutually assume marital rights, duties, and obligations; and
(e) who hold themselves out as and have acquired a uniform and general reputation as spouses.

However, after May 5th, 2027, a person may not file a petition under this section.

This material should not be construed as legal advice for any particular fact situation but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.