The Institution Of Marriage Versus Cohabitation

By Author: James Walsh
Total Articles: 68
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A marriage, once finalised, was a holy affair, and it was considered a sin to break it up. In the UK, about three quarters of all marriages are ending in divorce. Cohabitation seems to be gaining popularity, as the number of couples living out of marriage has skyrocketed. A survey revealed that most people between 25 - 40 years of age no more believe in marriage as an infallible institution. In fact, a sizeable portion of them have got married themselves, as they felt it would be an appropriate gesture. Since the meaning of marriage itself has changed, many social scientists are beginning to look upon cohabitation as a form of evolved marriage. And, if we take God's original idea into consideration, it would be better to go for an arrangement where one would not part, even if it means ‘living in sin'. The Guardian newspaper carried an article about a single mom in the 1980's who had voiced her opinion on being a lone parent - but seemed to have the same moral makeup about ‘illegitimate children', ‘living in sin' etc. This is a strange time for Britain, as there are changes happening very fast, but no one can ...
... afford to stand and analyse things.

The Advantages of Cohabitation

There are several pleas on behalf of marriage against cohabitation agreements. There are several sites on the internet which have a lot of very sound advice to offer in this regard, as well as help to draw up an agreement at a nominal cost. Let us start out with the arguments in favour of marriage:

1. If a couple is ready to enter into a cohabitation agreement, what was wrong with good old marriage? They aim to have the same legal and economical effects on their life through this; they would share the same house; they would do everything in the same way - so where is the difference? If someone has a problem with the church ceremony, there is always the option of going for a civil marriage.
2. A cohabitation agreement is still not as useful or effective as a marriage. When it comes to loans and pensions, the complications are way more - and there is a lingering doubt about every clause when it comes to the property rules. The Law Society has confessed that the rules pertaining to cohabitation are unfair and messy. It started out to reform the rules, didn't reach a solution after a report was published six years later, and in 2002 had started with the process again.
3. Annulment of the cohabitation agreement is also problematic. Any vagueness in the terms can make it null and void in the eyes of the law, and then the couple would be left by themselves to keep on fighting. Some have likened the cohabitation agreement to a prenuptial deed. Both these documents are unfortunately drawn by people who are very much in love, and not thinking of moving away from each other. Therefore, the clauses aren't clearly mentioned and property division is not meticulously done.
4. Children might face a major disadvantage if a cohabitating couple splits up. It would be way more complicated if the man is not the biological father, or- and this is the worst case- the woman is a ‘stepmom'. The ex-spouses from previous marriages can also step in around this time and get things royally messed up.
5. Small and movable property, i.e., furniture, car, computer, mementos - can be the reason of the greatest disputes in case a couple breaks up. Almost no one bothers to enlist these articles when signing in to a live-in relation. And making a list of them, then deciding who would own what, can be a practically impossible job if they want to split. There is no proof of ownership, of co-ownership, maintenance costs, and division of expenses. The confusion created would not be possible for a lawyer to solve; ultimately the couple would have to go by themselves.
6. Inheritance is another major issue. Unless a careful and clear will is made, and updated, the wrong people would turn out to be the winners. This too is an issue where the existing laws need to be rehashed.

On the Internet

It is possible to get the cohabitation agreement on the internet too - there are several companies who process it for a nominal cost. A couple is advised to go for it definitely before entering into an unseen wedlock with each other (cohabitation?).

James Walsh is a freelance writer and copy editor. For more information on getting a Divorce see http://www.quickie-divorce.com