Government plans to grant cohabitants in England and Wales financial rights similar to married couples are misguided, The Christian Institute has warned.
Ministry of Justice proposals aim to give couples who live together and “those who simply choose not to marry” more financial security when separating or where a partner dies without a will.
But the Institute’s Joanna Timm said the consultation document further undermines the special status of marriage in law and urged Westminster to focus rather on promoting the lifelong union between one man and one woman.
Framework
The Government plans to introduce “a new statutory framework of rights” which would apply automatically to couples “who have lived together for at least three years or live together and share a child”.
Under the new framework, in the absence of a valid will qualifying cohabitants would be granted “automatic inheritance rights” equal to those of a bereaved spouse or civil partner.
Deputy Prime Minister David Lammy claimed the “reforms strike an important balance between tradition and modernity”, while Justice Minister Baroness Levitt KC said the outcome of the consultation — which launched on 5 June for ten weeks — would result in “a system which celebrates choice, autonomy, and tradition in equal measure”.
Unique benefits
The CI’s Joanna Timm, however, warned: “Taking the legal benefits that come from publicly committing to one another and giving them to people who haven’t made that commitment is unfair.
“It also discourages people from getting married, since it creates the perception that marriage and cohabitation are the same thing. They are not. The break up rate for cohabitation is, of course, much higher.
“Marriage is uniquely beneficial for couples, their children, and for society, so we should be celebrating and encouraging marriage, not undermining it.”
The proposed changes also mean that pre-nuptial and post-nuptial agreements would be considered legally binding and that when a qualifying relationship breaks down, separating couples would redistribute their assets in a way similar to if they had divorced.
National interest
Harry Benson of The Marriage Foundation commented: “We already have record levels of family breakdown in the UK, where nearly one in two teenagers are not living with both natural parents. These proposals will make things worse by further diluting any differences between those who marry and those who do not.”
The Daily Telegraph observed: “Those cohabiting have expressly decided not to enter into a relationship endorsed by the state and be afforded the protections that come with it.”
Marriage, the editorial continued, “is associated with greater health, longevity and economic productivity, as well as better educational outcomes and lower benefit rates for those born to married parents”.
“Put simply, it is in the national interest for people to get married.”
Marriage best for children, parents and society, says influential think tank
‘Marriage is a challenge, but the best thing I’ve ever done’
‘Marriage is the safest place for men and women’ to avoid domestic violence
Pensioners more likely to marry than young men, report finds