Marriage Blog Archives
Marriage Blog posts insightful comments on the latest international news that render us taken-aback in the domain of the marriage facet of life. Marriage-Blog: Common-Law-Marriage News Myth of common law marriage still strong: January 28, 2008
Just over half the population still think that common law marriage exists in law, according to this year's British Social Attitudes survey published last week. 51% of those surveyed believe that cohabiting couples are protected by 'common law marriage'. Another interesting finding is that the importance attached to marriage for parents is on the decline with only 28% of people thinking that married couples make better parents than unmarried ones. Part of the survey concentrated specifically on attitudes to cohabitation and found that: 89% think that a cohabiting partner should have a right to financial provision on separation if the relationship has been a long-term one, includes children and has involved prioritising one partner's career over another; 38% think that a cohabiting partner should have a right to financial provision if the relationship only lasted two years and involves no children. One of the Survey's authors, Professor Anne Barlow, says that it showed that "there is little appetite for maintaining the deep legal divisions drawn between married and unmarried cohabiting families. The Law Commission should bear this in mind in their review of current legislation.' Marriage Blog Comment:
Marriage blog should side with neither of the two kinds - common law or legal! Common-law marriage, sometimes called informal marriage or marriage by habit and repute, is a form of interpersonal status which is legally recognized in some jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage contract is entered into. A common-law marriage is legally binding in some jurisdictions but has no meaning in others. In some jurisdictions without true common-law marriages (e.g. Hungary), the term "common-law marriage" is used as a synonym for non-marital relationships such as domestic partnership or reciprocal beneficiaries relationship. The table above shows a large preponderance of legal marriages over common-law marriages, but it must be remembered that a common-law marriage does not exist according to our definition unless the couple actually live together. A marriage exists when the couple are legally married, and not ‘separated’, so that where a woman lives with her parents and her husband is working away, she is still counted as being married. Where a woman lives with her parents and has several children for a man with whom she has never lived,-she is not in a common-law union, though she may have a quite definite semi-conjugal relationship with the man.
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