Family Law: Cohabitation and Property Issues - Research Paper Example

Running head: FAMILY LAW Family Law: Cohabitation and Property Issues You're The sanctity of marriage useto be a positive influence in many couples's relationships, tying what was considered a knot of responsibility towards one another that cohabitation simply could not bring. Marriage also has always been considered to be a societal occurrence that ensures the protection of rights for the individuals in the matrimonial process as well. Some of these rights are focused on the aspects of personal property and what one another acquire in personal possessions throughout the duration of the marriage. However, now due to changing laws in the concept of cohabitation, marriage is not something many couples focus wholly on any longer. It is appearing more and more that the laws for married couples are equally applicable for those who have been in a long term cohabitation relationship but simply have not gotten legally married. This research examines these issues and in its conclusion provides the opinion that marriage is something that each couple can view in their own way. It is no longer necessary to be an obligatory role to ensure rights and protection for each party in the relationship. Therefore it is proven that marriage is something that couples want to do not what they feel they have to do in order to have a secure and fair relationship or marriage. Family Law: Cohabitation and Property Issues Within the UK and the country of Britain alone, the marital allows which outline property rights, as well as responsibilities in the marriage or relationship seem to have gotten confused due to the occurrences of cohabitation seemingly statistically outnumbering couples who still tie the knot in a traditional manner. The legal regulations of marriage and cohabitation are appearing to have crossed, causing some distress in the legalities that can arise in regards to individual property, income, and other specificities when a couple's relationship falls apart and the two go their separate ways. There are many though that state despite the common incidences of cohabitation in today's decade the laws do need to be amended so that further confusion on the differences between married partners and cohabitating partners can be distinguished. As of right now, as was stated the variations of the two are almost invisible as it would appear that the same laws are regulating relationships in the same manner regardless of whether the couple is married or not (Barlow & James 2004, p. 143). It is for a certainty true and factual that within the past twenty years in Britain, couples who cohabitate and parent children in this manner have made a profound affect in society and actually have been accepted as being of a normal and social behavior pattern. However, there is heavy debate in the political elements of what legal remedies and legal regulations there should be with cohabitating couples. For now, it would appear that the laws regarding property issues and other rights that married couples have are not wholly the same for all cohabitating couples (Barlow & James 2004, p.144). Although the laws in Britain acknowledge marriage as still a sacred binding legal form of a relationship and have regulations to protect both couples in cases of divorce, there is a growing need to ensure that the majority of other couples who cohabitate are equally protected legally in case of break up. Especially since the incident rate of cohabitation is increasing among couples year after year. In the past there have been two legislative movements to try and engage some legal regulation over cohabitating families, especially those with children. One was the Civil Partnership Register which seemed to flip-flop in the legislative process due to minor and adverse problems coinciding with it, especially with regard to those cohabitating that were of the same sex (Barlow & James 2004, p.145). The cohabitation laws now work in a way which has been stated to be very similar to married law, and in truth they really are. However, there has to be a specified amount of time for a couple to have been cohabitating together and there also has to be sexual intimacy in the relationship for equal laws to govern a cohabitative relationship the same as it does a married couples. If all the legal and judicial elements have been met by a couple in a cohabitive relationship then their personal possessions and other personal property can be equally protected and shared in a legal manner. It would of course be governed by the same regulations that abide over married couples. In this regard, this is why it is stated that the sovereignty of marriage is quickly becoming an issue of the past within the UK and Britain because people are vouching to cohabitate rather than marry because they are finding the same laws can apply to them and therefore they find no necessary or logical reason to get married (Barlow & James 2004, p.145). However, as has been stated in some instances cohabitating couples are acknowledged the same as married couples but in other more serious circumstances the law realizes that cohabitation is inferior in quality to those who have legally gotten married and are registered as a married couple. With regards to money and personal possessions, as has been briefly touched on in this research, often cohabitating couples devise their own way of making property equal among each other such as money, rent, furnishings, etc. There are however at times where as has been said in this literature that after a certain period of time of cohabitating the same laws will apply to a cohabitation couple if they divorce in comparison to a married couple. However, there might be some slight differentiating circumstances between these to ideas but not a great one (Vivienne 2002, p.389). For example, money wise cohabitating couples often perform their own independent money managing system so that in case of split up there will be no room for confusion on what amount of money belongs to whom. The same pretty much holds true for personal possessions as well. This of course helps women become more independent and therefore there is not as much dependency on the man as there is in a married relationship when it comes to finances, etc (Vivienne 2002, p.389). Many cohabitating couples believe that it would make no sense to get married seeing as a large amount of marital problems stem from financial inequities and personal property decisions. Therefore it is felt by a legal standard that the maneuvers cohabitating couples use to stay informed and to keep equality in their relationship are just as fair and governing as those in a matrimonial setting, so there again they see no logical reason to tie the know and complicate the relationship which is understandable to many people. There are only a few technicalities that involve the cohabitation of couples and among the most severe of them do have to do with personal property such as joint home ownership, etc. This is because of the facts which have been mentioned, the same exact laws don't always apply to cohabitating couples who then have to rely on the general law as a means of equal and fair protection if their relationship should falter and fail (Miles 2003, p.625). Nevertheless, as of late these various problems have drawn the attention of many family lawyers who feel that there do need to be certain legal reforms to guarantee this specific area can have equality with married couples so that there won't be a severe destabilization especially if children are involved. However the Seventh Program of Law Reform has recognized the problems that lie in this area and since 1999 has pointed out that there could be a stipulation between property laws to bring a more equalness to the picture or there could be other changes in a more discriminatory fashion (Miles 2004, p.627). Whatever the case, it has been found that as long as a relationship has been formalized in some way or other then the dividing of property rights between couples is becoming on equal terrain between cohabitants and married individuals so therefore there really are no acute differences among these two relationship patterns. Again, in that regard many couples choose not to marry but wait for the reforms to occur and of which are occurring every year in regards to cohabitation relationships and their individual rights. In conclusion this research has defined why marriage is not as predominant as it use to be and the idea of cohabitation is becoming even more defined. The rules and regulations are changing to govern both types of these relationships and of which offer equal protection in joint home ownership and joint property as well. If all is fair without marriage then the big question is why actually get married This of course is where the confusion is coming in between the two. References Barlow, Anne & James, Grace. (2004, 02 March). Regulating Marriage and Cohabitation in 21st Century Britain. The Modern Law Review, 67, 143-176. Miles, Joanna. (2003, 05 November). Property Law v. Family Law: Resolving the Problems of Family Property. Legal Studies 23, 624-648. Vivienne, Elizabeth. (2001, 02 August). Managing Money, Managing Coupledom: A Critical Examination of Cohabitants Money Management Practices. The Sociological Review, 49, 389-411. Read More