Now common-law marriage as recognized in New York State consists in a meeting of the minds--a contract. Thus, if two people live together as husband and wife this may be evidence of a common-law marriage. No formal agreement is necessary. But if there has not been even a private agreement of marriage their living together would be unimportant. If they wished to separate they would need no divorce, for they would never have been married. By passing as husband and wife they might gain the social advantages that come from a recognized relationship, and, since there had been no definite agreement, they might save the inconvenience of divorce if they wished to separate. Difficulty arises only when both parties do not agree that there was no agreement. Sometimes one party claims there was and the other that there was not. Then the very indefiniteness of the tie means added difficulty and publicity in breaking it. In order to avoid future disagreement one couple made a contract in which they stated that they lived as husband and wife in order to avoid social stigma, but that as between themselves there was no agreement of marriage. The situation was trying because they always felt they were living a lie. Their answer was that society foolishly demanded either a penalty or a form and they preferred to provide the form. Fortunately, neither ever had to swear to the status and they felt that this contract--which provided for future maintenance of the wife and custody of the children--solved the problem or doubt of a life-long relationship. To those who made ethical objection, they answered that they were willing to contract on matters which concerned their wills, but knew it was contrary to human nature to contract on matters which concerned their emotions. Not long ago in New York City a young woman who had scruples about promising to love a man forever expressed to the city clerk her unwillingness to use the form of marriage ceremony which he had produced committing her to love, honor, and cherish the man for the rest of his or her life. She said she was in good faith willing to contract to marry, and that she would do the best she could to make the marriage successful, but that was all; to which the clerk answered that if she were entering marriage in that spirit she should not be married at all. He was finally persuaded that the parties could be tied merely by agreement on her part to become the man’s wife and on his part to become her husband.