SmartLaw Resources ● Family Law Cohabitation and Marriage

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 2017 • 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? © Citizenship Foundation 2017 • 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 The legally recognised union of two people as partners in a relationship. Two people living together as a couple without being married. © Citizenship Foundation 2017 • Charity Reg. No. 801360

What’s Going on Quiz? Family Law – Cohabitation and Marriage All statistics for quiz taken from www.ons.gov.uk Complete the quiz in pairs to compare your knowledge of changing attitudes towards cohabitation and marriage. © Citizenship Foundation 2017 • 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 and Wales today compare with 50 years ago? A They are higher B They are lower C They are about the same Statistics for quiz taken from www.ons.gov.uk © Citizenship Foundation 2017 • Charity Reg. No. 801360

What’s Going on Quiz? A About two-thirds B About a half Family Law – Cohabitation and Marriage What’s Going on Quiz? What fraction of marriage ceremonies take place in a religious building? In 2015 26% of marriages were religious - the lowest percentage on record! A About two-thirds B About a half C Under a third © Citizenship Foundation 2017 • 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 2003 divorce rates peaked. They have been steadily declining since 2004 and are now more than 20% lower. The number of divorces is highest among men in their late forties and women in their thirties. How does the divorce rate in England and Wales today compare with the rate 30 years ago? A It’s higher B It’s lower C It’s about the same © Citizenship Foundation 2017 • 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. In 1974 the average age for men to get married was 29 and women was 26. What is the average age at which women and men in England and Wales first get married? A 21 for women and 23 for men B 28 for women and 25 for men C 34 for women and 37 for men © Citizenship Foundation 2017 • 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? Between 1996-2016 the number of cohabiting couples more than doubled from 1.5 million to 3.3 million. A They have significantly increased B They have significantly decreased C They have stayed the same © Citizenship Foundation 2017 • Charity Reg. No. 801360

A Couples who are married Family Law – Cohabitation and Marriage What’s Going on Quiz? Statistically speaking, who, out of the following, are more likely to split up? Research into cohabiting couples showed that 61% were with the same partner 10 years later; the figure for married couples was 82%. In 2016 the average length of cohabitation was 2 years; the average length of marriage was 12 years. A Couples who are married B Couples who live together C Rates for both groups are about the same © Citizenship Foundation 2017 • Charity Reg. No. 801360

In fact this so-called ‘common law marriage’ was abolished in 1753. 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 abolished in 1753. 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 if they have a child B C Are never married in the eyes of law © Citizenship Foundation 2017 • Charity Reg. No. 801360

Couples with a civil partnership can convert this into a marriage. 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. However the Marriage (Same Sex Couples) Act 2013 introduced full same-sex marriage in the UK from March 2014. Couples with a civil partnership can convert this into a marriage. All three! A Get married B Get a civil partnership C Live together/cohabitate © Citizenship Foundation 2017 • 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. © Citizenship Foundation 2017 • 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? © Citizenship Foundation 2017 • 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? © Citizenship Foundation 2017 • 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? © Citizenship Foundation 2017 • 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. What options do Paul and Yasmin have? © Citizenship Foundation 2017 • 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? © Citizenship Foundation 2017 • Charity Reg. No. 801360

What should they do? Family Law – Cohabitation and Marriage Paul and Yasmin’s daughter Jessica is now 21 and in a relationship with Sophie who is 23. They are thinking about moving in together and are wondering if they should get married. What factors should influence their decision? What are the pros and cons of Jessica and Sophie getting married or cohabiting? Would you advise them to get married or not? Why/why not? © Citizenship Foundation 2017 • 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. Would you treat married and cohabiting couples differently? © Citizenship Foundation 2017 • 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? © Citizenship Foundation 2017 • Charity Reg. No. 801360