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In Pennsylvania, this means that the parties: In Pennsylvania, “present intent to enter into marriage” requires each spouse to exchange a vow stating their intent to be immediately married.
Once a common law marriage has been established, the husband and wife have the same rights as any married couple for estate and property purposes and will need to file for divorce if they wish to end their marriage. As of January 2, 2005, common law marriage has been abolished in Pennsylvania.
That means that Pennsylvania does not recognize any common law marriage entered into after January 2, 2005.
The court will likely be even more suspicious when the proponent is trying to establish a common law marriage after the death of the other spouse, especially to support a claim against the estate.
In order to prove the existence of a common law marriage, the proponent has to prove that the husband and wife both had the capacity to enter into the marriage (they weren’t married to other people at the time and were old enough) and that they exchanged vows stating their present intent to be husband and wife.
For the text of the statute abolishing common law marriage, see 23 Pa.