To Marry or not to Marry that is the Question!

Following a failed challenge to the law recently by Charles Keidan and Rebecca Steinfeld to overturn the ban on heterosexual couples entering into civil partnerships, where does that leave us now?

Historically marriage was an institute within which couples created and relied upon legal relations. It created a relationship in which children were born, nurtured and financially protected. Marriage provided protection and some security for women and children.

For many reasons couples are now choosing to live together rather than marry, some to avoid creating the legal relations that arise on marriage. However, over time when couples live together it is inevitable that the financial boundaries blur. As cohabiting couples separate, there is no easy system to assist them to unravel their financial arrangements. There is no concept of marital financial claims post separation and although there is protection for children in such circumstances it is often far from adequate for a parent. For instance, a mother, who has contributed in terms of bringing up the children and caring for the home might not be registered as an owner of the property she has lived in as part of a family for many years.

That person might not have a pension and they will not be entitled to share their partners pension. They will not own a home and they might face walking away without any financial compensation.

So, should we have a law that provides financial support for such couples? Following the decision of the House of Lords in the case of Charles Keidan and Rebecca Steinfeld the House of Lords has warned that the law as it stands is not protecting human rights for heterosexual couples who wish to live together in a formalised legal relationship but do not wish to marry. Currently, if you are ‘Gay’ homosexual and wish to regularize your partnership in law you can do so through the Civil Partnership Act or through marriage.  In addition, if you are part of a ‘Straight ‘heterosexual’ couple you must marry or face the consequences.

Taking legal advice before you begin to live together can save considerable concerns and possible legal costs if the relationship fails. Also, taking legal advice as soon as possible if a relationship is in difficulty can be of great benefit to cohabiting couples with or without children.

If you would like any help or advice regarding any family matters, then please contact Helen Morton on 02477 710236 or email: helen.morton@alsterskelley.com