SmartLaw Resources Family Law ● Explain that in today’s session you will be looking at the law concerning marriage and cohabitation (definitions on slide 4) and the legal impact such decisions have. Suggested timings are given as a loose guide. You should spend as long as you need and want on each activity, this will depend on your group’s needs, how well an activity is being received and the amount and level of discussion that is being generated. It is not necessary to complete all the activities in this lesson. Use the ‘Consider’ questions to help generate and guide discussion with your class. Family Law Cohabitation and Marriage Northern Ireland

Family Law – Cohabitation and Marriage Lesson Objectives Know the distinction between cohabitation and marriage Consider changing attitudes to marriage and cohabitation Understand the different legal principles covering marriage and cohabitation Decide whether couples should marry or cohabit in certain situations © Citizenship Foundation 2016 • Charity Reg. No. 801360

What are the most important decisions you might make in your life? Family Law – Cohabitation and Marriage What are the most important decisions you might make in your life? College or university? Career? Marriage? Children? Pose the question: “What are the most important decisions you might make in your life?” as a discussion starting point for the class. Use ‘Think, Pair, Share’ to ensure students consider their answers. Aim to gauge their responses relating to the following examples given on the slide: Career? Children? College or university? Marriage? Where to live/move to? Some further questions to consider: Q: Why is marriage an important decision? A: You are committing yourself to another person for life. It brings legal responsibilities. Q: Do you think people’s attitude to marriage and cohabitation has changed over the past 30 or 40 years - since your parents and grandparents were your age? Q: If they have, in what way? © Citizenship Foundation 2016 • Charity Reg. No. 801360

Two people living together as a couple without being married. Family Law – Cohabitation and Marriage What is the difference between marriage and cohabitation? Marriage Cohabitation Ask pupils if they know the distinction between marriage and cohabitation and show them the definitions on the slides. The legally recognized union of two people as partners in a relationship. Two people living together as a couple without being married. © Citizenship Foundation 2016 • Charity Reg. No. 801360

What’s Going on Quiz? Family Law – Cohabitation and Marriage This quiz is available to download as a separate worksheet. Complete the quiz in pairs to compare your knowledge of changing attitudes towards cohabitation and marriage. © Citizenship Foundation 2016 • Charity Reg. No. 801360

In 2009 marriage rates fell to their lowest level since records began. Family Law – Cohabitation and Marriage What’s Going on Quiz? In 2009 marriage rates fell to their lowest level since records began. In a 2012 survey, 42% of people responded that people should get married before having children, compared to 70% of people in 1989. How do marriage rates in England, Wales and Northern Ireland today compare with 50 years ago? A They are higher B They are lower C They are about the same Consider Q: Does this surprise you? Q: Why do you think fewer people are getting married today than in the past? A: Consider the acceptability of cohabitation, people getting married later etc. © Citizenship Foundation 2016 • Charity Reg. No. 801360

What’s Going on Quiz? A Over two-thirds B About a half C Under a third Family Law – Cohabitation and Marriage What’s Going on Quiz? What fraction of marriage ceremonies in Northern Ireland are religious. By 2011 less than 30% of marriages were religious - the lowest percentage on record! A Over two-thirds B About a half C Under a third Consider Q: Why do you think some people might choose a non-religious setting for their ceremony? A: Religion does not play a strong role in society today. © Citizenship Foundation 2016 • Charity Reg. No. 801360

What’s Going on Quiz? A It’s higher B It’s lower C It’s about the same Family Law – Cohabitation and Marriage What’s Going on Quiz? In Northern Ireland divorce rates have been increasing. For example, in the 1970s the number of divorces was 500 per year. There are currently around 2,400 divorces per year which is about a five fold increase on that on the 1970s. How does the divorce rate in Northern Ireland today compare with the rate 30 years ago? A It’s higher B It’s lower C It’s about the same Consider Q: Why do you think the divorce rates might have risen? A: It could be due to less stigma being attached to a divorce, a decrease in strongly held religious views on divorce and an increased acceptable of blended families. The recent recession may also have had an impact. © Citizenship Foundation 2016 • Charity Reg. No. 801360

What’s Going on Quiz? A 21 for women and 23 for men Family Law – Cohabitation and Marriage What’s Going on Quiz? The age at which people get married for the first time has steadily increased over the last 40 years. What is the average age at which women and men in Northern Ireland first get married? A 21 for women and 23 for men B 28 for women and 25 for men C 31 for women and 34 for men Consider Q: Why are people getting married later in their lives? A: Career first, ease of cohabiting puts off the decision to marry, waiting to meet the ‘right person’, media influence has made older singlehood more acceptable, inhibited by the cost of a wedding (average spend now between £18,000 and £20,000) © Citizenship Foundation 2016 • Charity Reg. No. 801360

A They have significantly increased Family Law – Cohabitation and Marriage What’s Going on Quiz? How have the rates of cohabitation changed over the last decade? Since 2003, the number of cohabiting couple families has risen from 2.2 million to 2.9 million. In Northern Ireland, 53% of couples who married in 2014 reported living at the same address prior to getting married (NISRA). A They have significantly increased B They have significantly decreased C They have stayed the same Consider Q: Why might this be the case? A: Less stigma attached to living together or having a child without being married? A: Natural pattern given that less couples are marrying? A: ‘Trial’ before getting married? © Citizenship Foundation 2016 • Charity Reg. No. 801360

A Couples who are married Family Law – Cohabitation and Marriage What’s Going on Quiz? Research into cohabiting couples showed that 61% were with the same partner 10 years later; the figure for married couples was 82%. In 2008 the average length of cohabitation was 2 years; the average length of marriage was 11.5 years. Statistically speaking, who, out of the following, are more likely to split up? A Couples who are married B Unmarried couples living together C Rates for both groups are about the same Consider Q: Does this surprise you? Why/why not? © Citizenship Foundation 2016 • Charity Reg. No. 801360

What’s Going on Quiz? A B C Are not married in law Family Law – Cohabitation and Marriage What’s Going on Quiz? In 2007, 53% of people mistakenly thought that couples who live together long enough assume the main rights and responsibilities of marriage. In fact this so-called ‘common law marriage’ was does not have legal definition Today, the law treats married and cohabiting couples very differently, despite the popularity of cohabitation. A couple who live together but do not marry… A Become married in the common law after ten years Become married in the common law after ten years B C Are not married in law NB: When explaining ‘common law’, you may wish to express it in terms of ‘unwritten law’ which is established by custom and practice. Consider Q: Do you think this is fair? Why/why not? Q: Should couples that have lived together for a number of years be treated as married couples by the law? Why/why not? If so, what should the number of years be? Q: If people assume they have a right, should they be given it? Do people need to go through the process of marriage? What if couples do not want to be treated as if they are married? © Citizenship Foundation 2016 • Charity Reg. No. 801360

B Get a civil partnership Family Law – Cohabitation and Marriage What’s Going on Quiz? A same sex couple can… Civil partnerships allow a same-sex couple to have the same rights and responsibilities as a married couple, and were introduced in the Civil Partnership Act 2004. The Marriage (Same Sex Couples) Act 2013 introduced full same-sex marriage in the UK from March 2014. However, this right does not extend to Northern Ireland. In Northern Ireland there were 100 civil partnerships formed in 2013. A Get married B Get a civil partnership Consider: Q: Civil partnerships were only introduced for same-sex couples to give them the same rights and responsibilities as a married couple without the label of ‘marriage’. Now that same-sex couples can get married in England and Wales, why do you think this right has not been extended to Northern ? Why/why not? A: Some arguments say that both options should be available to all types of couple. Compare this to the argument that civil partnerships were brought in as an alternative to marriage for same-sex couples. If marriage was open to all, would we need an option for civil partnerships? Remember that some people might prefer a civil partnership because it does not have the religious links that marriage does. C Live together/cohabitate © Citizenship Foundation 2016 • Charity Reg. No. 801360

Case Study: Paul and Yasmin Family Law – Cohabitation and Marriage Case Study: Paul and Yasmin You will now work in pairs to discuss the case of Paul and Yasmin, particularly focusing on if there would be any difference if they were married or not. Explain that you are now going to look at a case study of Yasmin and Paul, particularly focusing on each stage of their relationship and whether there would be any difference or not. Try to focus closely on the difference between their rights and responsibilities as a married couple vs unmarried couple. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Stage One Family Law – Cohabitation and Marriage Legally, they both need to be 16 or over to live together or marry. If a person is aged 16-18, (in this case Yasmin) they would need to have written consent from their parents before they can get married. Yasmin is 17 and Paul is 19. They have been going out for nearly three years and love each other. They would like to spend the rest of their lives together. Are they too young to get married or live together? Who/what makes the decision? NB It is a criminal offence for people aged 16-18 to get married without their parents’ written consent To get married Paul and Yasmin need to: Both consent (and Yasmin’s parents) Not be married to anyone else Not be closely related. In Northern Ireland, as with England and Wales, the nearest relative a person can marry is their cousin. Married couples have a legal duty to support and be faithful to one another. Couples who just live together generally do not - unless they have specifically agreed to this. Consider Q: What do they need to think about when deciding what to do next? A: Permission from Yasmin’s parents, and whether they are ready to make the commitment. Q: At what age do you think people are mature enough to live together or get married? Q: Is it fair that Yasmin is not able to get married without consent from her parents? © Citizenship Foundation 2016 • Charity Reg. No. 801360

Stage Two Family Law – Cohabitation and Marriage A couple who are unmarried have no special duties to look after each other or to provide each other with financial support unless they have agreed to it specifically. Married couples do have a legal responsibility to support each other in changing circumstances, including supporting each other financially. Yasmin is now 19 and Paul 21. They are both working and rent a two-bedroom flat. However, the company that Paul works for is not doing well and Paul fears that he may lose his job. Yasmin would like to go to university to study for a degree. If Paul loses his job or Yasmin goes to university, do either of them have a responsibility to look after each other? NB Unmarried couples without financial obligations to each other are treated in law the same way as ordinary flatmates, with a joint responsibility to pay their rent and bills on time. If they did marry, Yasmin would have a legal duty to maintain and support Paul if he lost his job and Paul would be required to do the same for Yasmin if she left work and went to university. Consider Q: Do you agree with the law? Q: Should husbands/wives have a legal duty to look after their partners? Q: Should this duty be extended to all couples who live together? © Citizenship Foundation 2016 • Charity Reg. No. 801360

Stage Three Family Law – Cohabitation and Marriage Both parents automatically have a legal responsibility to financially provide for Jessica whether they are married or not. Yasmin automatically gets parental responsibility (decision-making for her upbringing) for Jessica as her birth mother. Paul will automatically get parental responsibility if he is married to Yasmin. If they are not married, Paul will only get parental responsibility if he signs an agreement with Yasmin, applies through court or is named on Jessica’s birth certificate. Paul and Yasmin are now 26 and 24 years old, and Yasmin has just had a baby girl, Jessica. Who has financial responsibility for Jessica? Consider Q: Who has financial responsibility for Jessica? A: Both parents automatically have a legal responsibility to financially provide for Jessica whether they are married or not. Yasmin automatically gets parental responsibility (decision-making for her upbringing) for Jessica as her birth mother. Paul will automatically get parental responsibility if he is married to Yasmin. If they are not married, Paul will only get parental responsibility if he signs an agreement with Yasmin, he applies through court or he is named on Jessica’s birth certificate. NB: Under the Family Law Act (NI) 2001, an unmarried father can acquire parental responsibility in two ways. He can be appointed by a guardian or he can obtain a parental Responsibility Order from the court.. Whether or not Paul and Yasmin are married, Paul still has a legal and financial duty towards Jessica All fathers have responsibilities towards their children but they don’t automatically have the rights a parent might expect. Parents who are married share Parental Responsibility for their children. This is a legal phrase which means that they can both make decisions about their child’s upbringing. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Stage Four Family Law – Cohabitation and Marriage If they are unmarried, they can separate at any time and have no legal obligation to support each other financially. However, they can choose to use a separation agreement to cover issues of distributing property etc. If they are married they may separate, but still have a legal duty to each other. They could also apply for a divorce through the County Court. The person applying must show that the relationship has ‘irretrievably broken down’. When divorcing, married couples generally have equal rights to occupy their home. Unmarried couples do not have this right. Now aged 34 and 36, Yasmin and Paul are having some difficulties in their relationship, and no longer enjoy each other’s company. There is no one else involved, but they are both thinking about separating, either temporarily or permanently. NB Whether they are married or not, Paul and Yasmin could decide to stay together and work through their relationship, perhaps through the help of counselling. Consider Q: What can be done if Paul and Yasmin cannot agree on how to end their relationship? A: They could ask a solicitor to act on their behalf or go to court to settle their differences. A: Before doing this, people are encouraged first to try and reach an agreement with their spouse through mediation. This is when both sides present their concerns to an impartial mediator who then tries to help them agree. If they reach an agreement, this could become legally binding if the couple apply to court for an order to make it a legal agreement. Mediation can be less stressful and cheaper than directly using a solicitor or going straight to court. Q: Is it fair for married and unmarried couples to be treated differently in this situation? Justify your answer. Q: What would happen to their daughter? A: When a child’s parents get a divorce the court is required to consider the welfare of the child in each case. What options do Paul and Yasmin have? © Citizenship Foundation 2016 • Charity Reg. No. 801360

Stage Five Family Law – Cohabitation and Marriage If they were married, Yasmin would automatically inherit Paul’s money and property, even if he had not made a will. If they were not married, Yasmin would find herself in a difficult position to inherit Paul’s possessions if he did not make a will. In this case, most of his property would go straight to Jessica and Yasmin would have to apply to the courts for financial provision. If Paul had been wealthy, Yasmin would not be liable to pay inheritance tax as his wife. If they were not married, Yasmin would be liable to pay the tax. Paul and Yasmin remain together. One day, on his way back from work, Paul is involved in a road accident and is killed. What is Yasmin’s legal position? NB Married couples have far more rights and protection in the event of the death of one of the spouses. In the case of them being unmarried, if no blood relatives can be found to inherit the property, it would go to the crown (the state). Consider Q: Is the law’s position here fair? As Paul’s long-term partner, should Yasmin be automatically treated as if she were his wife? Why/why not? © Citizenship Foundation 2016 • Charity Reg. No. 801360

What should they do? Family Law – Cohabitation and Marriage Had they been a same sex couple, Paula and Yasmin, what options would have been available to them? Could they have got married? What factors should influence their decision? What are the pros and cons of Paula and Yasmin getting married or cohabiting? Would you advise them to get married or not? Why/why not? NB: Since 2013, same-sex couples can get register their civil partnership giving them access to legal rights the same as heterosexual couples who marry What factors should influence their decision? Eg: Are they ready to have a legal and financial responsibility towards each other? What are the pros and cons of Paula and Yasmin getting married or cohabiting? More rights if they marry but also more difficult to end the relationship. Would you advise them to get married or not? Why/why not? Consider Q: Does it make any difference whether a couple choose to marry or just live together? Is this fair? Why/why not? © Citizenship Foundation 2016 • Charity Reg. No. 801360

Family Law – Cohabitation and Marriage In my ideal country… On your sheet, imagine the rules that you would apply to couples in your ideal country. Use the separate worksheet and encourage students to create their own rules around marriage and cohabitation. Consider Q: Should unmarried fathers automatically gain parental responsibility? Q: Should cohabiting couples have a financial responsibility towards each other? Q: Would the rules of inheritance be different for married and cohabiting couples? Q: If a cohabiting couple split up, would they have a financial duty towards each other? Q: Why would people get married in your country? Q: How would marriage and cohabitation be different in your country? Would you treat married and cohabiting couples differently? © Citizenship Foundation 2016 • Charity Reg. No. 801360

Plenary Family Law – Cohabitation and Marriage Is it appropriate for the law to be used to shape people’s personal lives? Should the law govern relationships? Many cohabiting couples do not realise what little protection they have in the event of the breakdown of the relationship. Should the government take action to give these people greater protection? These questions can be in the form of written answers or a class discussion. You can use this as an opportunity to solidify the key principles (and revisit the learning objectives) and to clarify any insecurities in knowledge. Tweet us the most interesting thing you learnt today! @SmartLawCF using the hashtag #SmartLaw or leave a comment on our Facebook page, SmartLaw – Citizenship Foundation © Citizenship Foundation 2016 • Charity Reg. No. 801360