David Allison of FLiP says:
Provisional figures published by the Office for National statistics on 11 February show that marriage rates are at an all time low – the lowest since records began in 1862. The actual number of marriages in 2008 remained similar to 2007. However, with the rise in unmarried adults increasing, the proportion of adults marrying is lower.
At the same time rates of cohabitation are increasing. The 2001 census recorded just over 2 million cohabiting couples in England & Wales (a 67% increase from 1991). Between 1996 and 2006, the number of cohabiting couples in the UK increased by over 60% to 2.3 million. Cohabitation is the fastest growing family type in the UK (with the proportion of cohabiting couple families increasing from 9% to 14% between 1996 and 2006. The number of cohabiting couples in England & Wales is projected to almost double to 3.8 million by 2031 (which will be over one in four couples on this projections).
This trend is not peculiar to England & Wales and is mirrored across the western world.
What is worrying about these statistics is the widely held belief that cohabitants do have marriage type rights as ‘common law spouses’. The British Social Attitudes survey published in 2008 showed that this was a belief held by over half of the population. In fact the law largely ignores cohabitants and where a cohabiting relationship breaks down neither party has the right to apply to the court for maintenance or any other financial provision.
Of course many people oppose giving cohabitants rights on the basis that it will undermine marriage. However, all of the research evidence shows that there is no link between rights for cohabitants and marriage rates.
I have been involved for a number of years in Resolution’s campaign for a reform in the law to help vulnerable cohabitants. In 2008 I worked with veteran human rights campaigner Lord Lester of Herne Hill QC on a private members bill that would have given cohabitants in long-term relationships and those with children the right to apply for financial relief on separation. Although the types of relief that could have been made would have been the same as upon divorce or dissolution of a civil partnership it was to be applied on a very different basis. There was to be a presumption that the couple would be self-supporting (with maintenance limited to 3 years) and any claim was to be limited to reasonable needs. Sadly that bill was ‘talked out’ at third reading and failed for lack of government support.
The ONS figures highlight the problem. The time is now right for change. With the general election looming the political parties are forming their family policies. On behalf of Resolution I have met with the family justice spokespeople in all of the main political parties to press the need for reform. Resolution has also published its own law reform agenda and we will continue to fight for reform. If you would like more information please do contact me at dna@flip.co.uk.
Tags: cohabitation, common law marriage