Is co-habitation more or less stable than marriage?

 

The debate as to whether co-habitating, or actually going ahead with marriage, is the more stable basis for a long-term relationship, has raged on for some time now. For example, The (arguably biased) Marriage Foundation argues that “…cohabitation is less stable. Among natural parents, 31% of those couples who were cohabiting at nine months had separated when the children were seven compared to only 12% of married parents.”

This article from The Atlantic magazine  argues that marriage is now a much bigger deal, with couples much more fearful of the fallout should things not go to plan. The article goes on to suggest a number of reasons for this, including a fall in wages for men, meaning they are no longer the ‘primary provider’ in a relationship, and the simple economic fact that divorce is costly, especially in a difficult financial climate such as the one experience by the UK in recent years. What is interesting about this article is its argument that marriage is, broadly speaking, still an institution where the pros can outweigh the cons, and the health benefits to both parties in the marriage are thought to be greater over a longer period of time.

So if a certain modern reticence can be detected towards the idea of marriage, is it more or less beneficial to settle with co-habitation instead? Solicitors such as Bridge Burke Solicitors would argue that co-habitation brings with it its own legal and bureaucratic challenges. While there maybe a higher implied level of commitment when we say “marriage”, you still stand to lose a lot if you are a co-habiting couple whose relationship suddenly breaks down, or comes to its natural end.

What do we mean by “losing” in this context? Put simply, while divorce can be a costly and difficult process to endure, co-habitation brings with its own set of challenges, as many couples may suddenly discover that they have no rights at all. This rather helpful article from the Guardian’s money section offers a good summary of the quandaries facing co-habiting couples.

These can include, but are not limited to, the following:

• The question of property – with no protection under the law, co-habiting couples can find that one of them no longer has the right to live in a shared home when the relationship breaks down (if the other person in the relationship is the sole owner). If the couple are joint owners of a property. In the case of joint ownership, failing some kind of co-habitation agreement, the property is divided 50:50 between the two parties, regardless of who paid more in the initial purchase of the property.
• The weaker partner is, most often, left with little protection. If we were to assume that this is the woman in the majority of cases, then she is (for example) not entitled to child maintenance from the male partner, even if she has been supported for a great many years.
• Should one partner die, the other will not be entitled to anything, if the deceased person has not updated their will. Similarly, non-married couples cannot benefit from inheritance tax exemptions.

Failing the government legislating for more recognition of co-habitation, it falls to couples to be aware of their rights (or lack there-of) and consult a solicitor when considering their legal position.