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Feminism: Sex and gender discussions

De facto relationships

86 replies

Puddinger · 16/01/2021 20:00

In Australia, if you've been living with your partner for 2 years, you have the same legal status as if you were married (de facto marriage), but it sounds like in the UK you can live with someone for 20 years and it means nothing!

I feel bad because there are all these threads from mothers who are living in a partnership with kids and everyone is saying oh no you are financially vulnerable. Why should they be? Why shouldn't they get compensation for liss of income, for example, if the relationship ends or access to their partner's pension? Do people not see this as a feminist issue?

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HeelsHandbagPerfumeCoffee · 16/01/2021 23:48

Can I ask why are so vociferously advocating for this op

Puddinger · 16/01/2021 23:44

I'd prefer not to have to kick him out after 2 years to avoid a de facto marriage. Or could we then explicitly opt out?

You could draw up a financial agreement, yeah. You don't need to kick people out unless you want to. My view is that after 2 years it's reasonable to make it explicit anyway.

The only thing might be if they could prove that their income suffered directly as a result of the relationship, eg SAHM, and then they might have rights over and above the agreement.

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PlanDeRaccordement · 16/01/2021 23:39

@HeelsHandbagPerfumeCoffee

It’s by stealth if it’s not an active choice and becomes conferred after 2 years
Agree. If my DH passes on. And I, a rich older woman want to move my cabana boy into my home to comfort me in my old age. I certainly do not want him viewed as a de facto spouse who inherits ALL my money. Nor would I want the faff of having to kick him out and advertise for a replacement every 18months to avoid such a stupid law. I’d be constantly house training new men.
PlanDeRaccordement · 16/01/2021 23:36

@Puddinger

It seems to me that there are men extorting women's labour by stealth when she finds to her surprise that he won't marry her after all and she has no rights to any financial aspect of their lives three children and 18 years later, like on another thread. How is that less stealthy? Know the law, everyone says, it's the same.
Sorry, but after 18yrs of not being married it’s not really a surprise by then that she is not married to this man? How hard is it to say to a partner well before 18yrs have passed “marry me” and expect a yes or no and not allow a maybe.
PlanDeRaccordement · 16/01/2021 23:34

@Flapjak

Why do we need to continue with the archaic system of marriage. If we are honest do men really want the 'special day'. We should get rid of the whole mrs / miss, changing surnames, the 'virginal' white wedding dress and the corny vows.
I think you are confusing weddings with marriage. You can marry without any of that wedding stuff.
PlanDeRaccordement · 16/01/2021 23:33

The white wedding dress crap is a load of patriarchal shite.

Not really. It was a fashion trend started by Queen Victoria. White was not the usual colour for a wedding dress before she chose that colour.

bourbonne · 16/01/2021 23:21

@Flapjak

Why do we need to continue with the archaic system of marriage. If we are honest do men really want the 'special day'. We should get rid of the whole mrs / miss, changing surnames, the 'virginal' white wedding dress and the corny vows.
You can get married and not do any of those things.

The point of this thread is to discuss whether the legal rights and responsibilities should only be actively opted into (i.e. marriage), or if they should also be conferred by default if a couple cohabit.

(And yes, plenty of men do want "the special day").

CaraDuneRedux · 16/01/2021 23:21

@Flapjak

Why do we need to continue with the archaic system of marriage. If we are honest do men really want the 'special day'. We should get rid of the whole mrs / miss, changing surnames, the 'virginal' white wedding dress and the corny vows.
The white wedding dress crap is a load of patriarchal shite.

However the legal contract which recognises that you are now a partnership with joint finances offers invaluable protection to whichever partner puts their career on the back burner while the couple jointly have children - and since 9 times out of 10 that's the woman, I'd say that from a feminist perspective, the option to marry is something young women intending to start a family need.

burnoutbabe · 16/01/2021 23:20

We too are not married after 10 years, I do like living with him. I'd prefer not to have to kick him out after 2 years to avoid a de facto marriage. Or could we then explicitly opt out? Like a pre-nup!

RaininSummer · 16/01/2021 23:17

I would be very unhappy at what would, in effect, be forced marriage. At my age I don't want to risk my house just so I can live with my partner. I have actively chosen not to marry.

Flapjak · 16/01/2021 23:17

Why do we need to continue with the archaic system of marriage. If we are honest do men really want the 'special day'. We should get rid of the whole mrs / miss, changing surnames, the 'virginal' white wedding dress and the corny vows.

TheLoneRager · 16/01/2021 23:15

Very interesting Plan thanks.

HeelsHandbagPerfumeCoffee · 16/01/2021 23:14

hate the idea I could end up married without actively doing it in purpose
⬆️Agree

TheLoneRager · 16/01/2021 23:13

Just go and get a civil partnership if you don't want marriage. Drag a couple of witnesses off the street.

I meant wedding. You don't need a big wedding. You can choose marriage or civil partnership.

Love51 · 16/01/2021 23:11

I got married quite young. People questioned why. 'I love him' wasn't an acceptable answer, and we didn't have kids for ages, so it wasn't that. Neither of us had any assets at that point. I came up with the next of kin thing. I wanted him to be my family, if was in a coma I wanted him to make decisions on my behalf. If he kicks the bucket, I wouldn't want to marry again. I might let a fellow live in my house but if I would find myself accidentally married to him after 2 years I wouldn't let him move in.
I hate the idea I could end up married without actively doing it in purpose.

I don't think it will change in the UK.
According to the c of e, marriage is a sacrament, not a contact (sacrament = an outward and visible sign of an inward and spiritual grace) and c of e has some standing in the house of lords.

PlantMam · 16/01/2021 23:09

Really interesting that, Plan thanks!

PlanDeRaccordement · 16/01/2021 23:05

I think many former U.K. colonies have this de facto marriage (Aus/NZ) or common law wife/husband (US/Canada) in their legal system as an outdated vestige from being so remote. It dates back to when you’d have pioneer communities with no priest or minister available to marry willing partners. The priest or minister might ride a circuit in a region and only come through your settlement once every few years. So they set up this common law or de facto marriages so that couples could cohabit quickly without “living in sin” and the idea was that they’d be officially married next time the priest/minister passed through town. It was many times needed in the harsh conditions to have couples cohabit quickly. Widows who lost a husband in summer, would risk starving to death if they did not couple up with a new husband to bring in the harvest and hunt over winter. A man who lost a wife and had young children similarly would need another adult woman to take over child rearing and household support- vegetable farming, cooking, etc. They couldn’t wait months on end for a man of god to arrive and do the ceremony.

TheLoneRager · 16/01/2021 23:01

Plus, if you're married, the widow/er is the one who makes decisions about life support, funeral arrangements and so on, not the deceased partner's parents/siblings.

Sorry. Cross post Gasp0deTheW0nderD0g

CaraDuneRedux · 16/01/2021 23:01

@HeelsHandbagPerfumeCoffee

Marriage is a significant legal contract. It shouldn’t be forced on anyone without their express consent ⬆️Absolutely agree, marriage can’t be an add on by stealth. It’s one of the most significant contracts an adult enters into
Thirded.

I may be a cynical old battle axe but even so, cynic that I am, I'm not entirely ruling out meeting a bloke in my early 60s, finding we fancied each other and liked each other enough to want to spend our declining years together. And if I did get the chance to shack up with someone, I would like the option to have the companionship and sex without entangling our finances. I certainly would not want the state telling me I could only live with someone if I were prepared to pool financial resources. That's none of the state's business.

MotherOfCrocodiles · 16/01/2021 23:00

A lot of people were surprised when I got married as I am quite a forthright feminist and not traditional. Most of them were also surprised by my explanation- that I think we should be able to make an explicit choice about our relationship status and would hate as situation where one is treated as married without having chosen it.

I would have preferred a civil partnership if it had been possible though.

TheLoneRager · 16/01/2021 22:56

What people often forget is the issue of legal next of kin should they become ill or die. It's not just about children and houses. A friend's long term partner became ill and died quite suddenly. They owned a house together but had somehow omitted the business of wills. Her family wanted her half of the house. He had to massively increase his mortgage and take in lodgers to cover it. But what really hurt. REALLY HURT. Was that he was not allowed to arrange the funeral service and choose the words on her gravestone.

I would say to anyone: you don't need a meringue dress and massive party for 200 guests. Just go and get a civil partnership if you don't want marriage. Drag a couple of witnesses off the street. But if you want legal protection then you have to opt in. Do it.

And if you don't want to be constrained and financially disadvantaged because your live in lover wants a share: Actually I think that's fair enough. People just need to understand the law and make an informed choice.

HeelsHandbagPerfumeCoffee · 16/01/2021 22:54

Marriage is a significant legal contract. It shouldn’t be forced on anyone without their express consent
⬆️Absolutely agree, marriage can’t be an add on by stealth. It’s one of the most significant contracts an adult enters into

AnneLovesGilbert · 16/01/2021 22:49

@Puddinger

I feel like it's a bit harsh to blame women for men's power over them, especially when it's so supported by the legal system.
Women and men are as capable of finding out what marriage means as each other. The sheer numbers of couples where the man says it’s just a piece of paper that they don’t need and the woman blindly goes along with it until it’s too late shows that a lot of men know exactly what marriage means and that’s why they don’t want it.

As above, it’s fuck all to do with rings, insta-worthy proposals, big dresses and “being traditional”. Marriage is a significant legal contract. It shouldn’t be forced on anyone without their express consent.

HeelsHandbagPerfumeCoffee · 16/01/2021 22:46

Men have the power we give them
If a woman isn’t conversant with the difference between cohabitation vs marriage, why not?

Puddinger · 16/01/2021 22:43

I feel like it's a bit harsh to blame women for men's power over them, especially when it's so supported by the legal system.

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