What is the test to establish a common-law marriage?

Under Ohio law, "[t]he fundamental requirement to establish the existence of a common-law marriage is a meeting of the minds between the parties who enter into a mutual contract to presently take each other as man and wife." Nestor v. Nestor, 15 Ohio St.3d 143, 146, 472 N.E.2d 1091, 1094 (1984). The absence of an agreement to marry in praesenti "precludes the establishment of such a relationship even though the parties live together and openly engage in cohabitation." Id. The elements necessary to establish a common-law marriage must be proved by clear and convincing evidence. Id.