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The Mythical Common Law Wife |
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Most people who are not married, but
are in a stable and long-term relationship and especially if they live
together, believe that their relationship is given some special status
by the law as a "common-law" wife, or "common-law"
husband. Nothing could be further from the truth.
Even though some 40% of all children are born outside of marriage, the law of England and Wales gives no special recognition to cohabiting couples whether with or without children. The government’s introduction of Civil Partnerships, where registration of a same sex relationship will provide the parties in that relationship with rights similar to married couples, will only apply to same sex couples, that is gay and lesbian couples, not opposite sex couples. So even greater unfairness is going to exist. Many European countries already allow for both same sex and opposite sex relationship registration, (including the Netherlands, Belgium, Portugal, |
France and Spain, as well as countries further a field such as Argentina also certain Canadian and American states as well as a large parts of Australia). So we are hardly breaking new ground but strangely we are going to be inconsistent. Registration schemes provide couples with various rights and usually these extend to inheritance, property, Social Security rights, tax benefits, and the status of being recognised as the next of kin. Our government does not currently seem to consider it necessary or desirable for opposite sex couples in this country to be able to register their relationships and obtain these benefits, worryingly for a large number of people. One key element of a registration scheme is to provide a way to deal with situations arising on relationships being dissolved, to give the courts powers to make orders in relation to children, division of property and assets, and maintenance. Radical steps indeed but again not it seems to be available to all.
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