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Marriage still rings the right bells for women
13 May 2008
Yet again, the government has passed up the chance to give live-in couples the same financial and property rights on the breakdown of their relationship as they would have had if they had been married.
For decades, lawyers and other professionals have been lobbying for legislation which would give protection to cohabiting partners.
Homosexual and lesbian couples now have the right to enter into civil partnerships which give them the almost the same legal benefits on separation as married people have on divorce. But no such option is available if you happen to be heterosexual.
The real tragedy is that, despite efforts to publicise the risks to the vulnerable - usually the women - when a live-in relationship comes to an end, the majority of us stubbornly continue to cling to the illusion that a couple who live together as man and wife for a certain length of time eventually have a ‘common law marriage’.
Unfortunately for far too many disillusioned unmarried partners, the law does not recognise any such thing. When the split comes, the weaker person too often discovers that there is no financial support, no division of property and no pension share to look forward to. Had there been a marriage certificate, all these assets would have been divided by the court on divorce.
In most partnerships, one [usually the man] will take responsibility for the major financial outlay - the mortgage and the bills for example - while the woman spends more time away from employment, particularly while there are young children.
A married woman who had sacrificed her career to care for home and family would be entitled to have that contribution taken into account when it came to apportionment of money and property. The law insists that family judges consider all the history and circumstances of the marriage when it comes to a divorce. That protection is denied to the unmarried woman.
A recent social survey revealed that most of those interviewed thought that live-in relationships were as acceptable today as marriage. It may well be that, on the surface, they are indistinguishable. If you are young and in love a marriage certificate may be dismissed as only a piece of paper which makes no difference to your determination to be together -despite what the lawyers say.
As a result of concerns about the situation, the government instructed the Law Commission to come up with proposals for legislation which would give cohabiting partners similar rights to the married. The Commission spent two years on the proposals, which have now been shelved so far as England and Wales are concerned.
Scotland has enacted laws to remedy the unfairness of the situation. But justice minister Bridget Prentice has announced that no further action would be taken by her government until the Scottish results became clear.
So, if you are contemplating a live-in relationship in England or Wales , it is a good idea to enter into a legal agreement about what should happen to your assets in the event of it breaking down. Visiting a law firm before trouble begins is a much better option than after the event.
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