What's all this about the "end of marriage"? Marriage - or the lack of it - has featured prominently in the news recently. First, the Conservative Party resurrected the idea of providing financial incentives to married couples in its Breakdown Britain policy tome; then the Law Commission published its recommendations on how the law should help cohabitating couples deal with the financial consequences of relationship breakdown or the death of a partner. According to some commentators, the first idea would ensure more people marry, while the Law Commission recommendations would finish off the institution of marriage.
Is marriage only about money then? The paper refers to Australian research indicating that laws like these have no discernable effect on whether people marry or live together. It even argues that the introduction of such financial protection could stem the trend to cohabit.
So it doesn't equalise cohabitation with marriage? Not at all. The Law Commission has been looking at cohabitation for about five years, most recently in a consultation paper published in May 2006. The recommendations affect cohabitants in England and Wales who have had children or who have lived together for a specified time, perhaps two to five years.
Who counts as cohabitants? Heterosexual or homosexual couples who share a home for a continuous period, are in an intimate relationship, but are neither married nor civil partners. For up to two years following separation, one partner may apply for financial relief on the basis that the other party has a retained benefit to which the applicant has contributed, and/or the applicant is at an economic disadvantage.
What kind of contribution? It could be earning capacity, property or the care of their children. The economic disadvantage could refer to lost earnings either during the cohabiting period or in the future, and the cost of childcare. Factors the court would take into account when making its calculations would include dependant children, and where and with whom they live.
FACT BOX
- In 2001, there were more than two million cohabiting couples in England and Wales. More than 740,000 cohabiting couples have dependant children, supporting a total of 1.27 million children (Census 2001)
- By 2031, it is estimated that the number of cohabiting couples will have increased to 3.8 million (Government Actuary's Department, 2005)
- Cohabitation: The Financial Consequences of Relationship Breakdown is available from the Law Commission at www.lawcom.gov.uk/cohabitation.htm.
