Cohabitation Versus Marriage

By Author: James Walsh
Total Articles: 68
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The rise in the number of cohabiting couples is amongst the most striking and rapid changes in partnership behaviour in recent times. There has been a phenomenal jump in these numbers and now over four million people live outside marriage in England and Wales alone. Study shows that informal marriage is not a new practice and that over one fifth of the population of England and Wales may have cohabited during the mid-eighteenth and nineteenth centuries.

There could be various reasons for ‘Cohabiting'. While it could just be a transitional phase to ‘test out' the relationship as a prelude to marriage, it could also be a principled rejection of marriage as nothing more than ‘just a piece of paper'. It may be the best alternative to a new relationship after a failed marriage. But is it a better alternative to marriage?

Two major factors influencing the likelihood of cohabitation are childhood experience of parental separation and the impact or influence of religion in the institution of marriage. People who do not believe in religious observance are more likely to cohabit especially in Britain and ...
... across the Europe.

While some couples make a conscious decision to avoid marriage with a clear objection to marriage as an institution, others simply drift into it. The couple entering into such relationship may or may not be well informed about the legal and financial implications of it. Baring few, mostly these couples are completely ignorant about their rights and are particularly vulnerable in a long term stable relationship. Going by statistics, cohabiting relationships are fragile and break up even before completing two years. Both men and women in such relationship are more likely to be unfaithful to each other. Study validate that women in such relationship are more likely to be abused and that cohabitating couples amass less wealth than married couples.

There is a widespread fallacy amongst the cohabiting couples that they enjoy equal rights as married people and that the law will provide same level of protection in the event of break-up. Many such couples also believe that after living together for over two years they attain special legal status and that they have the right to a share in their partner's property and receive alimony in the event of separation. This is a myth of the common-law marriage which was abolished in 1753. The fact is that such relationship has no legal status and couples are regarded as separate individuals by the law. They enjoy very little rights as compared to married couples or civil partners.

In the event of dissolution, whether by separation or death, circumstances are regulated by property law rather than family law. Despite sharing a house and name, couples have no rights or liabilities on their partner's property. Partner's possessions will pass according to statutory list in the absence of a will and may be passed on to his/her parents, siblings or even aunt or uncle. Similarly, the surviving partner has no right over any savings or possessions held in other partner's name. You have a right to your share contributed by you only in case it was jointly acquired. Even in case there is a will, unlike a bereaved husband or wife, there will be an inheritance tax levied on the surviving partner.

The effects of separation on men and women cohabiters are different in such situations. Unmarried fathers have no legal rights on their children. Unmarried mother automatically has the right over their children and they are more vulnerable at the end of such relationship.

About 20% of children are born in cohabiting family. Only one third continue to live with both the parents throughout their childhood. Separation has negative impact on these children. Study has also shown that children living with cohabiting parents do not fare well in school when compared to children living with married parents. They are more susceptible to emotional turmoil in their early reformative stages.

Marriage as an institution enjoys a special status in British society and law. It provides stability to families and society at large. Marriage essentially transforms the nature of relationship to a long-term stable commitment to loving faithfulness towards each other. It would be a good idea to understand the financial and legal implications before entering into such arrangement. Failing to distinguish between covenantal and contractual relationship may result in uncalled for hardships and even homelessness. Sadly people realize this only when it's too late to be amended.

James Walsh is a freelance writer and editor. For more information on Co-habitation Agreements see http://www.cohabitation-agreement.co.uk