Smart Law Resources Family Law Cohabitation and Marriage

Smart. Law Resources ● Family Law Cohabitation and Marriage

Family Law – Cohabitation and Marriage Lesson Objectives • Know the distinction between cohabitation and marriage • Consider changing attitudes to marriage and cohabitation • Understand the different legal principles covering marriage and cohabitation • Decide whether couples should marry or cohabit in certain situations © Citizenship Foundation 2016 • Charity Reg. No. 801360

Family Law – Cohabitation and Marriage What are the most important decisions you might make in your life? College or university? Career? Marriage? © Citizenship Foundation 2016 • Charity Reg. No. 801360 Children?

Family Law – Cohabitation and Marriage What is the difference between marriage and cohabitation? Marriage Cohabitation The legally recognized union of two people as partners in a relationship. Two people living together as a couple without being married. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Family Law – Cohabitation and Marriage What’s Going on Quiz? Complete the quiz in pairs to compare your knowledge of changing attitudes towards cohabitation and marriage. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Family Law – Cohabitation and Marriage What’s Going on Quiz? How do marriage rates in England Wales today compare with 50 years ago? A They are higher B They are lower C They are about the same © Citizenship Foundation 2016 • Charity Reg. No. 801360 In 2009 ma rr fell to their iage rates low since record est level s began. In a 2012 s urv of people re ey, 42% s that people ponded sh married bef ould get or children, co e having m 70% of peo pared to ple in 1989.

Family Law – Cohabitation and Marriage What’s Going on Quiz? What fraction of marriage ceremonies take place in a religious building? A About two-thirds B About a half C Under a third © Citizenship Foundation 2016 • Charity Reg. No. 801360 By 2011 les s 30% of mar than r were religio iages u lowest perce s - the ntage on record!

Family Law – Cohabitation and Marriage What’s Going on Quiz? How does the divorce rate in England Wales today compare with the rate 30 years ago? A It’s higher B It’s lower C It’s about the same © Citizenship Foundation 2016 • Charity Reg. No. 801360 Since 2004, th been a stea ere has dy divorce rate fall in number of d s. The highest amo ivorces is ng m women in th en and eir late twenties an dt average he of divorcees is 45 for men and 42 for w omen.

Family Law – Cohabitation and Marriage What’s Going on Quiz? What is the average at which women and men in England Wales first get married? A 21 for women and 23 for men B 28 for women and 25 for men C 33 for women and 36 for men © Citizenship Foundation 2016 • Charity Reg. No. 801360 The age at w h get married ich people for t time has ste he first adily increased o ver the last 40 years.

Family Law – Cohabitation and Marriage What’s Going on Quiz? How have the rates of cohabitation changed over the last decade? A They have significantly increased B They have significantly decreased C They have stayed the same © Citizenship Foundation 2016 • Charity Reg. No. 801360 Since 2003, the number of c oh couple famil abiting risen from 2 ies has. 2 million to 2. 9 millio n.

Family Law – Cohabitation and Marriage What’s Going on Quiz? Statistically speaking, who, out of the following, are more likely to split up? A Couples who are married B Couples who live together C Rates for both groups are about the same © Citizenship Foundation 2016 • Charity Reg. No. 801360 Research in to c couples sho ohabiting 61% were w wed that ith partner 10 y the same ea the figure fo rs later; rm couples was arried 82%. In 2008 the a length of co verage was 2 years habitation ; the averag e length of m arriage was 11. 5 years.

Family Law – Cohabitation and Marriage What’s Going on Quiz? A couple who live together but do not marry… A Become married in the common law after ten years B Become married in the common law after ten years C Are never married in the eyes of law © Citizenship Foundation 2016 • Charity Reg. No. 801360 In 2007, 53 % of people mistakenly th couples who ought that li long enough ve together assume the main rights a responsibilit nd ies of marriage. In fact this s ‘common la o-called w was abolish marriage’ ed in 1753. Today, the la married and w treats couples very cohabiting despite the differently, popularity o f cohabitation.

Family Law – Cohabitation and Marriage What’s Going on Quiz? A same sex couple can… All ! e e hr t A Get married B Get a civil partnership C Live together/cohabitate © Citizenship Foundation 2016 • Charity Reg. No. 801360 Civil partner ship sex couple t s allow a sameo have the s rights and r esponsibilitie ame s as a married cou p le , and we introduced in the Civil Par re tnership Act 2004. However th e Couples) Ac Marriage (Same Sex t 20 same-sex m 13 introduced full arriage in th e UK from March 2014. Couples wit h can convert a civil partnership this into a m arriage.

Family Law – Cohabitation and Marriage Case Study: Paul and Yasmin You will now work in pairs to discuss the case of Paul and Yasmin, particularly focusing on if there would be any difference if they were married or not. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Family Law – Cohabitation and Marriage Stage One Yasmin is 17 and Paul is 19. They have been going out for nearly three years and love each other. They would like to spend the rest of their lives together. Are they too young to get married or live together? Who/what makes the decision? © Citizenship Foundation 2016 • Charity Reg. No. 801360 Legally, the y both need to be 16 or over t o live togeth er or marry. If a person is ag ed 16 -18, (in this case Yasmin ) they would need to hav e written cons ent from the ir parents befo re they can get married.

Family Law – Cohabitation and Marriage Stage Two A couple wh o are unma rried have no spe Yasmin is now 19 and Paul 21. They cial duties t o look after each o are both working and rent a twother or to p rovide each other w bedroom flat. However, the ith financial support unle company that Paul works for is not ss they hav e agreed to it doing well and Paul fears that he specifically. may lose his job. Yasmin would like Married cou ples do hav to go to university to study for a e a legal responsibilit y to support degree. each other in cha If Paul loses his job or nging circumstanc es, including Yasmin goes to university, supporting e ach other do either of them have a financially. responsibility to look after each other? © Citizenship Foundation 2016 • Charity Reg. No. 801360

Family Law – Cohabitation and Marriage Stage Three Paul and Yasmin are now 26 and 24 years old, and Yasmin has just had a baby girl, Jessica. Who has financial responsibility for Jessica? Both parent s automatic ally have a responsibi legal lity to finan c ia lly provide f Jessica whe or they ar e married o r not. Yasmin auto matically ge ts parental responsibi lity (decisio n-making fo upbringing) r her for Jessica a s her birth m other. Paul will aut omatically g et parental responsibilit y if he is ma rried to Yas If they are n min. ot married, Paul will only parental res get ponsibility if he signs an agreement with Yasmin , applies thr court or is n ough amed on Je ssica’s birth certificate. © Citizenship Foundation 2016 • Charity Reg. No. 801360

Family Law – Cohabitation and Marriage Stage Four Now aged 34 and 36, Yasmin and Paul are having some difficulties in their relationship, and no longer enjoy each other’s company. There is no one else involved, but they are both thinking about separating, either temporarily or permanently. What options do Paul and Yasmin have? © Citizenship Foundation 2016 • Charity Reg. No. 801360 If they are u nmarried, th ey can sepa at any time rate and have no legal obligat to support e ion ach other fi nancially. However, th ey can choo se to use a separation a greement to cover issues distributing of property etc. If they are m arried they may separa but still hav te, e a legal du ty to each o ther. They could also apply fo r a divorce through the County Cou rt. The pers applying mu on st show tha t the relatio has ‘irretrie nship vably broke n down’. Wh divorcing, m en arried couple s generally ha equal rights ve to occupy th eir home. Unmarried c ouples do n ot have this right.

Family Law – Cohabitation and Marriage Stage Five Paul and Yasmin remain together. One day, on his way back from work, Paul is involved in a road accident and is killed. What is Yasmin’s legal position? © Citizenship Foundation 2016 • Charity Reg. No. 801360 If they were married, Ya smin would automaticall y inherit Pau l’s money a property, ev nd en if he had not made a will. If they were not married , Yasmin wo herself in a uld find difficult pos ition to inhe possessions rit Paul’s if he did not make a will. case, most In this of his prope rty would go to Jessica a straight nd Yasmin w ould have to to the court apply s for financia l provision. If Paul had been wealth y, Yasmin w be liable to ould not pay inherita nce tax as h If they were is wife. not married , Y asmin would liable to pay the tax. be

Family Law – Cohabitation and Marriage What should they do? Paul and Yasmin’s daughter Jessica is now 21 and in a relationship with Sophie who is 23. They are thinking about moving in together and are wondering if they should get married. • • • What factors should influence their decision? What are the pros and cons of Jessica and Sophie getting married or cohabiting? Would you advise them to get married or not? Why/why not? © Citizenship Foundation 2016 • Charity Reg. No. 801360

Family Law – Cohabitation and Marriage In my ideal country… On your sheet, imagine the rules that you would apply to couples in your ideal country. Would you treat married and cohabiting couples differently? © Citizenship Foundation 2016 • Charity Reg. No. 801360

Family Law – Cohabitation and Marriage Plenary • Is it appropriate for the law to be used to shape people’s personal lives? • Should the law govern relationships? • Many cohabiting couples do not realise what little protection they have in the event of the breakdown of the relationship. Should the government take action to give these people greater protection? Tweet us the most interesting thing you learnt today! @Smart. Law. CF using the hashtag #Smart. Law or leave a comment on our Facebook page, Smart. Law – Citizenship Foundation © Citizenship Foundation 2016 • Charity Reg. No. 801360