Cohabitation in the United Kingdom

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Cohabitation in the United Kingdom, according to social security law would typically relate to a couple being treated as living together as a married couple even if not married or in a civil partnership. [1] This has the effect that for means-tested benefits their resources are treated as held in common. There are also effects on benefits which depend on the claimant not having a partner.

Contents

History

The Victorian era of the late 19th century is famous for the Victorian standards of personal morality. Historians generally agree that the middle classes held high personal moral standards and rejected cohabitation. They have debated whether the working classes followed suit. Moralists in the late 19th century such as Henry Mayhew decried high levels of cohabitation without marriage and illegitimate births in London slums. However new research using computerized matching of data files shows that the rates of cohabitation were quite low—under 5% – for the working class and the urban poor. [2]

Statistics

There are 3.5 million cohabiting couples in England and Wales as of 2020, up 137% from 1.5 million in 1996. [3]

In modern day Britain, nearly half of babies are born to people who are not married (in the United Kingdom 47.3% in 2011; [4] in Scotland in 2012 the proportion was 51.3% [5] ). It is estimated that by 2016, the majority of births in the UK will be to unmarried parents. [6]

There are differences in extramarital births by region; in 2012, the highest percentage of births to unmarried women were in North East of England at 59%, and in Wales at 58%; and the lowest in London (36%) and in Northern Ireland (42%). [7] One of the reasons cited for the lower percentage of extramarital births in London is the high number of immigrants from conservative world regions who reside in the city. [8] Younger mothers are more likely to be unmarried: in 2011, 96% of mothers aged under 20 were unmarried, compared to only 31% of mothers in their 30s. [9] A study dealing with births that occurred in the year 2000 found several social and personal characteristics of cohabiting vs. married parents: married mothers are most likely to be Asian and least likely Black Caribbean; married mothers are more religious; married mothers and fathers are more educated (they are more than twice as likely to have a degree than cohabiting parents); married fathers are twice as likely to have a professional occupation as cohabiting fathers; married parents have a better financial situation; married mothers are older and are more likely to have had the birth planned. [10] A 2006 study found that cohabiting couples, with and without children, are the fastest-growing family type in the UK. [11] Cohabiting couples who live with their children are more common in the North of England than in the South. [12]

In response to the increase in cohabitation, several legal changes were made in the UK in recent years. In Scotland, the Family Law (Scotland) Act 2006 provides cohabitants with some limited rights. [13] In addition, since 2003 in England and Wales, 2002 in Northern Ireland, and 2006 in Scotland, an unmarried father has parental responsibility if he is listed on the birth certificate. [14]

In the UK, in recent years, the falling marriage rates and increased births outside marriage have become a political issue, with questions of whether the government should promote marriage (i.e. through tax benefits or public campaigns) or whether it should focus on the status of a parent, rather than that of a spouse; with the former view being endorsed by the Conservative Party, and the latter by the Labour Party and the Liberal Democrats. [15] There are also differences between England and Wales and Scotland, with the latter being more accepting of cohabitation. [16] [17]

While 49% of cohabiting couples that are not married or in a civil partnership believe they have rights under a 'common law marriage', [18] common law marriage has no legal standing in England and Wales. [19] Cohabiting couples are not automatic beneficiaries or have protections regarding non-joint bank accounts, mortgages, tenancies or pensions, unless the other person is explicitly mentioned as a joint account holder or in the terms as a beneficiary, for example in the event of death. [20]

Social security law

Living together has been part of the law since the beginning of the modern welfare state in 1948. The term "Living together as husband and wife" was introduced from 4 April 1977 to mean the same as "cohabiting with a man as his wife" which was used before that date. [21] The term is now "living together as a married couple". [1]

To be regarded as "living together as a married couple" or cohabitating, there are various questions to consider. The question of cohabitation should take into consideration all the six questions, and looking at the relationship as a whole.

QuestionConsideration
Do the couple live in the same household?Couple must live at the same address, eat together and share domestic jobs (such as washing). It is possible for two people to live in the same building and not share the same household (such as a marriage break up where two partners lead separate lives at the same address), thus they should be able to claim benefit separately. If one partner has a home elsewhere where they pay bills, they are not deemed living with the claimant. [22]
Is this a stable relationship?A casual affair is not the same as a marriage.
What happens to the money?If a couple share money this may be evidence that the relationship is like a husband and wife.
Is there sex?Sex is an important part of living together as a married couple, though disclosure is voluntary. Even if a couple consider their relationship like a marriage, if they do not have sex they should not be treated as living together as a married couple.
Are there children?If a couple have children together then it is hard to argue that they are not living together as a married couple, unless it can be shown that the relationship has changed since they had the children.
What do other people think?If people go out together in public as a couple, that is evidence that they are a couple. Not doing these things does not necessarily show they are not a couple. [23]

See also

Related Research Articles

Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increasingly common in Western countries since the late 20th century, led by changing social views, especially regarding marriage.

<span class="mw-page-title-main">Civil union</span> Legal union similar to marriage

A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.

Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, more uxorio or marriage by habit and repute, is a marriage that results from the parties' agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process. Not all jurisdictions permit common law marriage, but will typically respect the validity of such a marriage lawfully entered in another state or country.

A domestic partnership is an intimate relationship between people, usually couples, who live together and share a common domestic life but who are not married. People in domestic partnerships receive legal benefits that guarantee right of survivorship, hospital visitation, and other rights.

A single parent is a person who has a child or children but does not have a spouse or live-in partner to assist in the upbringing or support of the child. Reasons for becoming a single parent include death, divorce, break-up, abandonment, becoming widowed, domestic violence, rape, childbirth by a single person or single-person adoption. A single parent family is a family with children that is headed by a single parent.

A marriage license is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictions, and has changed over time. Marriage licenses began to be issued in the Middle Ages, to permit a marriage which would otherwise be illegal.

Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, illegitimacy, also known as bastardy, has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter carry the same implications.

<span class="mw-page-title-main">Marriage in England and Wales</span> United Kingdom legislation

Marriage is available in England and Wales to both opposite-sex and same-sex couples and is legally recognised in the forms of both civil and religious marriage. Marriage laws have historically evolved separately from marriage laws in other jurisdictions in the United Kingdom. There is a distinction between religious marriages, conducted by an authorised religious celebrant, and civil marriages, conducted by a state registrar. The legal minimum age to enter into a marriage in England and Wales is 18 since 27 February 2023. Previously the minimum age of marriage was 16, with parental permission. This also applies to civil partnerships.

<span class="mw-page-title-main">Marriage law</span> Overview of marriage law worldwide

Marriage law is the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries in terms of what can and cannot be legally recognized by the state.

<span class="mw-page-title-main">Living apart together</span> Living arrangement for couples

Couples living apart together (LAT) have an intimate relationship but live at separate addresses. It includes couples who wish to live together but are not yet able to, as well as couples who prefer to live apart, for various reasons.

Common-law relationships in Manitoba are government-sanctioned relationships available to both same-sex and different-sex unmarried couples in the Canadian province of Manitoba. While not as extensive as the rights and benefits of marriage, these relationships provide some important benefits to unmarried couples. Registration is voluntary; many of the laws apply automatically to any couple in the province after living together for several years.

Teenage pregnancy in the United Kingdom refers to the rate at which people under 20 fall pregnant in the United Kingdom. As of 2021, the rate of teenage conceptions in the United Kingdom was 5.226% percent of total conceptions, whereas 2.199% of all live births in the United Kingdom were to mothers under 20 years of age. The rate of teenage pregnancy is relatively high when compared with other developed countries; the only other Western countries with higher teenage pregnancy rates are the United States and New Zealand. A report in 2002 found that around half of all conceptions to under-18s were concentrated among the 30% most economically deprived population, with only 14% occurring among the 30% least deprived.

Hungary has recognized registered partnerships since 1 July 2009, offering same-sex couples nearly all the rights and benefits of marriage. Unregistered cohabitation for same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the 2011 Constitution of Hungary, which took effect in January 2012.

Marriage in the United States is a legal, social, and religious institution. The marriage age is set by each state and territory, either by statute or the common law applies. An individual may marry without parental consent or other authorization on reaching 18 years of age in all states except in Nebraska and Mississippi In Puerto Rico the general marriage age is also 21. In all these jurisdictions, these are also the ages of majority. In Alabama, however, the age of majority is 19, while the general marriage age is 18. Most states also set a lower age at which underage persons are able to marry with parental or judicial consent. Marriages where one partner is less than 18 years of age are commonly referred to as child or underage marriages.

<span class="mw-page-title-main">Marriage in Scotland</span> United Kingdom legislation

Marriage in Scotland is recognised in the form of both civil and religious unions between individuals. Due to Scotland's history as a previously independent country, the laws around marriage developed differently in Scotland compared to other jurisdictions that also became part of the United Kingdom. This was partly a consequence of differences in Scots law and also the role and influence of the national church of Scotland, the Church of Scotland. The tradition of couples from England and Wales eloping to Scotland to marry at border towns such as Gretna Green was due to England, at the time, having much higher minimum ages for marriage without parental consent than were required in Scotland. Today the difference in minimum ages is much closer with the legal minimum age to enter into a marriage in Scotland being sixteen years without requiring parental consent while England today allows marriage at sixteen with parental consent but eighteen without.

<span class="mw-page-title-main">Scots family law</span>

Scots family law is the body of laws in Scotland which regulate certain aspects of adult relationships and the rights and obligations in respect of children.

Cohabitation in the United States is loosely defined as two or more people, in an intimate relationship, who live together and share a common domestic life but are neither joined by marriage nor a civil union.

Marital rape is illegal in all 50 US states, though the details of the offence vary by state.

<span class="mw-page-title-main">Fornication</span> Non-marital sexual intercourse

Fornication is generally consensual sexual intercourse between two people not married to each other. When one or more of the partners having consensual sexual intercourse is married to another person, it is called adultery. John Calvin viewed adultery to be any sexual act that is outside the divine model for sexual intercourse, which includes fornication.

Palimony is the division of financial assets and real property on the termination of a personal live-in relationship wherein the parties are not legally married. The term "palimony" is not a legal or historical term, but rather a colloquial portmanteau of the words pal and alimony. Nevertheless, numerous secondary legal sources refer to the term, and attempt to describe its influence and implications upon actual statute law.

References

  1. 1 2 "Chapter 11 - Living together as a married couple" (PDF). UK Government. October 2017. Retrieved 30 March 2018.
  2. ↑ Rebecca Probert, "Living in Sin," BBC History Magazine (Sept 2012); G. Frost, Living in Sin: Cohabiting as Husband and Wife in Nineteenth-Century England (Manchester U.P. 2008)
  3. ↑ ""Common law marriage" and cohabitation" (PDF). Parliament.UK.
  4. ↑ "Archived copy". Archived from the original on 18 May 2013. Retrieved 11 September 2012.{{cite web}}: CS1 maint: archived copy as title (link)
  5. ↑ "Archived copy" (PDF). Archived from the original (PDF) on 17 June 2013. Retrieved 17 April 2013.{{cite web}}: CS1 maint: archived copy as title (link)
  6. ↑ "Most babies born out of marriage by 2016, trend suggests". BBC News. 11 July 2013. Archived from the original on 9 September 2015. Retrieved 22 August 2015.
  7. ↑ "Royal baby: An average baby?". BBC News. 23 July 2013. Archived from the original on 20 June 2024. Retrieved 22 August 2015.
  8. ↑ "Tony Travers: Thanks to immigrants we're the capital for marriage". Evening Standard. 24 September 2013. Archived from the original on 20 June 2024. Retrieved 22 August 2015.
  9. ↑ "Live Births in England and Wales by Characteristics of Mother 1, 2011 - ONS". Archived from the original on 20 June 2024. Retrieved 22 August 2015.
  10. ↑ http://www.ifs.org.uk/comms/comm114.pdf Archived 2018-10-03 at the Wayback Machine [ bare URL PDF ]
  11. ↑ "UK - Cohabiting families 'increasing'". BBC News. 4 October 2007. Archived from the original on 20 June 2024. Retrieved 22 August 2015.
  12. ↑ "BBC - Relationships - TV and radio - Yorkshire". Archived from the original on 20 June 2024. Retrieved 22 August 2015.
  13. ↑ "Family Matters - Couples - Cohabitation". Archived from the original on 24 October 2014. Retrieved 22 August 2015.
  14. ↑ "Parental rights and responsibilities". Archived from the original on 20 June 2024. Retrieved 22 August 2015.
  15. ↑ "Marriage and cohabitation: key issues for the 2010 Parliament". UK Parliament. Archived from the original on 24 September 2015. Retrieved 22 August 2015.
  16. ↑ "Family Matters - Couples - Cohabitation". Archived from the original on 24 September 2015. Retrieved 22 August 2015.
  17. ↑ "Family Law Week: Lessons to be learned for cohabitation cases in England, says Lady Hale in Supreme Court Scottish case". Archived from the original on 10 March 2023. Retrieved 22 August 2015.
  18. ↑ "British Social Attitudes 36" (PDF). NatCen Social Research. Archived (PDF) from the original on 2020-10-31. Retrieved 2022-05-14.
  19. ↑ "Common law marriage". Family Lives. Archived from the original on 2024-06-20. Retrieved 2022-05-14.
  20. ↑ "Cohabitation – your rights". www.lawsociety.org.uk. The Law Society. Archived from the original on 23 February 2024. Retrieved 14 April 2024.
  21. ↑ "Chapter 11 - Living together as husband and wife or as civil partners". Decision Maker's Guide. Department for Work & Pensions. Archived from the original on 2 January 2014. Retrieved 1 January 2014.
  22. ↑ "If a benefits office believe you are living together..." Advice Now. Archived from the original on 20 June 2024. Retrieved 1 January 2014.
  23. ↑ Welfare Benefits and Tax Credits Handbook. Child Poverty Action Group. 2013. ISBN   978-1-906076-73-3.
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