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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think that if you are committed enough to decide to have children....

611 replies

Oakenbeach · 27/04/2019 09:29

....you should also be committed enough to each other to get married (assuming that you don’t have any objections to marriage in principle), and that it makes no sense at all for couples to plan to have children (and I stress ‘plan’) before deciding whether to get married.

OP posts:
Graphista · 27/04/2019 19:25

So often on here we read threads by op's who have split from a partner who are shocked to learn they are entitled to NOTHING legally aside from child maintenance (and even that can be tough to get!)

Even more heartbreaking when OP'S partner has become critically ill or worse died and while they're dealing with their own and their children's grief and emotional turmoil they're also discovering they have no legal claim to assets, certain benefits, no say in treatment, funerals etc

If someone has the full info and decides to leave themselves vulnerable to a degree it's "on their own head be it" but they're also letting the children down. This decision doesn't just affect you.

All the things various posters claim they have put in place to supposedly protect themselves instead of getting married - they can almost all be unilaterally revoked at any time by their partner and you would have no say in the matter. You might not even know until after they die!

There are also numerous financial & legal issues that CANNOT be covered or altered by arrangements made by a partner - inheritance rights, taxation, welfare and benefits, pensions, death in service payouts...

"What else other than financials?"

Parental responsibility

Can affect nationality of children (particularly pertinent at the moment with the whole brexit farce)

Next of kin - while there's no legal definition of this, in reality if there's a dispute about treatment of someone without capacity between the various "relatives" of the patient, most healthcare people will err towards covering their own arses by going by the people legally recognised as related to the patient. Especially if they're told the relationship was ended or was in the process of ending.

"Agree, children are a much bigger commitment" not legally. It's still extremely easy for fathers (even mothers actually I know a few cases) to just bog off, never see them again and never pay maintenance. There's no legal way to make someone parent.

Graphista · 27/04/2019 19:26

ChanklyBore - not always but it IS usually

Male - female marriage (the majority are het and I say that as a bi woman)

The man earns more (the gender pay gap is still very real for the majority)

Marriage is more attractive to women mainly because of the rights it confers

Women are usually the primary carers and the ones who reduce hours or become sahp (mainly because it "makes sense" as they earn less - back to pay gap again, plus it's still very much more acceptable for women to take a career break to raise children)

Women ARE usually the ones that need the protection as they're more financially vulnerable and also usually the rp following a split

Graphista · 27/04/2019 19:27

"What the person means is they can't afford the wedding they want" which is NOT the same as can't afford to get married

Personally I see a huge difference in how older generations of men support & treat the mothers of their children - whether they're still together or not. My uncles, father and grandfathers would NEVER even consider not being in their kids lives and paying to support them. 3 of my uncles are separated from mothers of their children, they all remained very much involved in their kids lives, weren't Disney dads and paid decent child support WITHOUT anyone having to make them!

Men aged under 50 that I know (in real life and from various threads here and stuff on social media and in news) generally seem to do all they can to AVOID being decent dads and usually need to be made to do the basics - like seeing them once a bloody fortnight and paying maintenance.

"Making sure that you're not financially screwed if you split up is sensible but that doesn't have to be marriage." But marriage is the only way to have a real chance of avoiding this. Anything else and your partner can change the arrangements without your input.

"Surely it's not too difficult to understand that there might be better things to spend the money on at this particular time?" Actually exactly what I and others saying marriage IS important ESPECIALLY when children are likely to be or become involved is that marriage IS a more important thing to spend money on.

What is better to spend money on than something that confers financial and legal security on a mother/potential mother BEFORE they are in a very vulnerable position?

"What needs to happen is that this stuff should be taught in schools" it is in Scotland. Not sure if universally but certainly dd was taught it under a fantastic subject we have here called "modern studies" - a subject which also teaches how our country is run in terms of politics and legislation generally. (Personally I think it should be uk wide but suspect the govt doesn't want people knowing their rights)

"If only kind and perfect married people had kids the population would be tiny" Rubbish! People had bigger families actually in the past WITHIN marriage. There were children born outside marriage but it was rare. I'm from a catholic background - HUGE families born in marriage.

And what protection are you going to/have you provided your children born outside marriage? It's not just about the couple it's about ensuring the children are well cared for.

"to be protected by laws which ape those of marriage." Which removes choice, is a nightmare to legislate for and determine...

At what point would a cohabiting couple be recognised? What proof would be required? How would the govt define when that relationship is considered legally ended? What's to stop fraudulent claims?

"There is TOO much power in men's hands regarding this issue. All a man has to do is say "NO" to marriage and if they already have kids that leaves the woman nowhere." Bull! Women have the choice to use contraception, not have sex with him, have an abortion if they do fall pregnant accidentally. It is a CHOICE to have children and in what circumstances.

"I know you can get married on the cheap, but it's still money that could be better used elsewhere, rather than on a bit of paper that will change nothing." Except it DOES change a LOT. Where do you stand legally and financially if your partner were to become critically ill or die?

Ithinkmycatisevil - given you think you'd be required to change your name (you're not) I wonder what other misconceptions you have about marriage.

"We've agreed that if we did ever split, I would stay in the house until youngest is 18 and then we'd sell it and split the equity." You have absolutely no guarantee that he would stick to this if you did split. Even if you have it in writing. And it's not just a split that could leave you and your children vulnerable.

"I fail to see how marriage could protect me? I work full time and could support myself if needs be." What if you and/or your child were to become sick/disabled?

HennyPenny that poster has been poorly advised and even when getting good advice now is not utilising the avenues available to her for redress because she 'hates confrontation' sorry but her discomfort with confrontation is less important than her kids need to be fed, housed etc. She DOES have several things she could do to address the issues she's having but is CHOOSING not to.

"The solution is not marriage, it's to protect your earning potential by not giving up work." Not everyone has that choice. If the woman becomes sick/disabled and unable to work or if any of the children do and need full time care (I've observed when the kids are sick/disabled it's even more likely that mum will become the sahp. Any mners with disabled kids requiring full time care might be able to provide stats on this?) then they're again extremely vulnerable if not married.

"Suddenly, when the relationship has broken down, the OP is SHOCKED that despite having assumed that DP would do the right thing- he’s actually realised that he can pay the CSA minimum and carry on his life with literally no other disruption." Exactly! Numerous threads like this, even threads by op's angry that the state won't step in on their behalf because they assumed the state would because "common law marriage"

"Really worried about the people who think it's 'only a piece of paper.' Are people REALLY that naive??" Yes unfortunately.

"They get a share of the assets, but often not enough to live comfortably." That's STILL better than nothing!

I'm divorced, I received a small settlement, I will get a portion of his pension at a certain point, it made it MUCH easier to make the initial claim for child maintenance, it made it much easier to claim benefits and other support (divorcing means you can easily provide papers to prove the relationship is over), my ex was army it also meant I got financial and practical support from army and affiliated organisations that I wouldn't have if we weren't married. Enough help that I didn't have to pay removals costs, was provided furnishings for our new home (items that are standard in quarters so many armed forces families don't buy their own). I'd have been utterly screwed if I'd not been married!

I've a few friends who split from cohabiting partners and they found it much harder to pursue ex for maintenance, to claim benefits, they got not a penny in settlement, they won't receive anything with regard to any pensions...

It's incredibly naive to think that unless there are major assets to consider you don't need the protections.

"the time the contract is important is not when things are going well but when they go wrong." Exactly!

The poster that keeps saying "it will make no difference to my life" - it may not now, do you have any idea what position you and your children will be in if your partner leaves, becomes critically ill or dies?

Whatswithtodaytoday - the situation you described is when the sick person is able to communicate who they want informed of and asked about their care. There are many situations where the patient cannot communicate this and the hospital and staff have no way of knowing - since you can't prove it - that this would be their wish if they were conscious.

I know of an unmarried couple where the guy took a stroke while on holiday in the uk. The woman had no way of proving they even knew each other. As a result his estranged brother was the one asked about whether to proceed with a high risk treatment option which the brother refused (his partner would have agreed) the man died and it was a complete nightmare for his partner making arrangements to have him returned home for the funeral etc it was a mess. That was 3 years ago. She is still dealing with the ramifications and costs.

"Marriage is no guarantee of protection, you only need to read the Relationships board on here to see that." Actually if you read it properly you'll see the differences between what a woman who was Married is able to achieve with the right use of that fact compared to those who weren't married.

It's a particularly stark difference when it's not a split but a bereavement.

"You can name anyone as your next of kin, I am DPs and he is mine and that is on our hospital records.
We are also the beneficiaries of each other's life insurance." Either of which can be revoked unilaterally and without that person telling the partner. I've seen it happen. I've even seen people discover upon a partners death that they were still legally married to a previous spouse and that's meant life assurance, death in service etc has gone to the LEGALLY RECOGNISED SPOUSE.

"It's also not very nice to say, but there is still (rightly or wrongly) a social currency to marriage" totally agree. My sister never married her kids father and she is "'miss" and different name to her kids and she's had some really shitty attitudes from certain people/organisations. I've remained "Mrs married name" which is same as dds name and I have noticed I get slightly better treatment as a divorcee. It SHOULDN'T happen but it does.

Aimily - sorry but all those things you think you've put in place instead of marriage can be revoked by him at any time he chooses without even telling you. PLEASE protect yourself as much as you possibly can WITH that info in mind. Give very serious consideration to how you register the child's birth and what surname you give them - these decisions have consequences. It very much sounds like he's stringing you along to be honest. If it's so unimportant to him why won't he do it because it's important to you? It speaks to his care for you AND your child.

"I can get a divorce and forget the person existed and move on with my life.

Cant do that with a child" millions of men do EXACTLY that to their kids. I know a few women who have too.

It's not as simple as "if he loved you he would marry you" I think it's deeper than that. It's if he loves you he WON'T want you to be vulnerable in the event of split/illness/death.

we're not married and I see no reason to be. Before people start saying it protects women financially - I am the wage earner on six figures Said on a thread FULL of damn good reasons why! Where will you be if your company goes bust? If you become too sick or disabled to work? If any of your children become sick/disabled and need full time care? Especially if this happens after you split from your partner? If your partner becomes sick/disabled enough to need full time care? Or dies? Would you leave your bereaved children to stay in your 6 figure job? And if you do what will you live on?

Regarding wills - it's not just intestacy, families can and do succeed in challenging wills where assets are left to a cohabiting partner - again I've seen it happen. You're particularly vulnerable if you have a "volatile" relationship where the family can show there's doubt as to whether you were even together when the person died.

NewYearBollocks - except it DOES affect others in the wider community, in terms of those who haven't protected themselves could and do then need more support from the community and the state.

It complicates matters for healthcare and other organisations especially with a bereavement, there then needs to be a lot more time spent sorting certain things out. With inheritances it means court time used up in reaching agreements...

Time and money spent by others in dealing with the fact that people didn't bother to properly inform themselves and administrate their lives.

"In my Will I have stated that if I die then he can stay in the house until he dies,or he can move if he wants to. So he won't end up homeless." Unless your family inc any children from your first marriage succeed in challenging that will.

"Dp and I do not need the state or the church to ratify or sanction our relationship." Again I ask do you genuinely know where you stand if you, your partner or child/ren become critically ill/disabled? Where do you stand if he dies?

"If it's just a piece of paper why the fuck are so many men opposed to marriage, or don't believe in it?" I'm of the firm belief it's precisely BECAUSE they know their then wife WOULD have a claim on their assets.

"I’m confused, can a family member contest decisions for hospital treatment (eg life support) if they don’t agree with what the unmarried partner decides?
(In England)" it's been a while since I've dealt with England Nhs but I believe so. Even more problematic if the patient is mentally ill enough to possibly need sectioning - that's a while other can of worms!

Spend some time in a very male environment (especially if they don't know you're there) and you will hear exactly such things said "I'm not getting screwed over if we split" "why would I marry her I get all I want now and it costs me nothing" "ex partners can do nothing ex wives rip you right off. Do NOT marry her" plus advice given on all the excuses to give.

Here's what it usually boils down to:

The man is happy for the woman to make herself financially and legally vulnerable by having children, even becoming sahm BUT he's not willing to make himself in ANY WAY vulnerable.

"Emotional security and stability is extremely important yes. But it flies in the face of evidence that that necessarily has to be provided by a married couple." Actually most research shows that being in a cohabiting family is the least secure arrangement for children, even less secure than being in a single parent family.

Graphista · 27/04/2019 19:56

"but realistically at the moment my DP and I simply can't afford it." A child is a lot more expensive than a wedding. A wedding can easily be done for less than £200 less than £100 in Scotland. What you mean is you can't afford the wedding you want.

"but due to unforeseen foreseen financial circumstances £120 is a lot of money to us ATM." With a planned baby? Really? Sorry but frankly if £120 is too much to find you had no business planning a baby.

"My financial circumstances changed months after my DS was born. My DS is, and always will be, my first priority." I'd be very interested to know exactly how.

Also in my opinion prioritising DC includes prioritising your own legal and financial position.

I used to work in the industry it's entirely possible to have a beautiful wedding for very little cost. Quite honestly very often when I read/hear this I believe it's actually the man isn't wanting to marry and the woman says this to save face. I've yet to be proved wrong

StrippingTheVelvet · 27/04/2019 20:08

Organ donation for example can usually be overruled by family and is not a decision made by medical professionals. It's all well and good when families all get on but there's no way I would want my mother in law being able to rock up and refuse my wife's wish without me wasting time and energy arguing as to why my word should be the most important.

GoosetheCat · 27/04/2019 20:23

@Graphista You are well entitled to your own opinion, as is everyone. You can believe that it is my DP that isn't wanting to marry. We have been engaged for just over two years, and neither of us has pushed to get the wedding planning started as, in the grand scheme of things, it is not that important to us. As I said, £120 is a lot of money for us right now, and I would rather spend it on essentials than running down to the registry office and getting married, just for the sake of getting married.

When we started TTC, we didn't know that we would find ourselves in a position of financial difficulty. A lot of people do these days. It doesn't mean I don't prioritize my DS or his needs. He comes before absolutely everything. He's loved, fed and has everything he needs.

Who cares if couples decide to marry before or after they have children, if at all? As long as people are happy and not hurting anyone, goodluck to them. It's not down to me, or anyone else, to judge.

Graphista · 27/04/2019 20:31

Goose that's your choice but I hope this thread has helped you realise how very vulnerable you are.

Myself and clearly many others on this thread don't believe getting married is a waste of money.

As several of us have pointed out the issue isn't how you're fixed when things are going well, but where you stand if/when (because everyone dies eventually) certain other circumstances come to bear.

You've already said you've been financially disadvantaged by an unforeseen incident.

These can happen to anybody. Life is unpredictable. But it's sensible to take as many reasonable precautions as possible.

StrippingTheVelvet · 27/04/2019 20:36

Each to their own but to me, if a couple had enough love and trust between them, then the one with more power wouldn't blink about offering protection to the other incase things went tits up. I married my DW, mainly because she was giving up her job and I felt deserved to have the peace of mind that I wouldn't/couldn't screw her over.

Graphista · 27/04/2019 20:37

And sorry it may be considered a faux pas but having just AS'd you you've planned a baby without secure adequate housing or financial planning and are now a sahm with no financial security and completely reliant on your unmarried partner?

You're exactly in the position that is most vulnerable.

I don't understand why someone would do that at all.

Blackbi2d · 27/04/2019 20:53

www.organdonation.nhs.uk/helping-you-to-decide/about-organ-donation/faq/consent/

Re donation spouse is classed the same as partner.

freshbudsofspring · 27/04/2019 21:08

I'm not married. I objected to having a different surname to my DC1 when we discussed baby names / surnames . My DP did say we would get married and we would all have the same surname if we used his. We haven't. He hasn't asked and to be honest I don't think we will. 10 years together. DC is 3.

We have wills, life insurance etc in place to benefit each other but it still sucks in terms of judgement. As I hate getting called Mrs mysurname when I'm miss. Or people who assume I'm married give DC my surname when that's not correct.

I had first baby at 35, but we had been together a long time first and purchased a property together. I think once you start down that route then you signal you are ok not to marry. It does depend on the man if he's reluctant.

If people ask me why I'm not married. I say I'm waiting for the one Wink I even say this in front of DP as why should I be embarrassed that he won't marry me.

Gwenhwyfar · 27/04/2019 21:20

www.thelocal.se/20100616/27248

multivac · 27/04/2019 21:25

It really does depend on your perception/wants, doesn't it? I genuinely don't feel judgement from others regarding our lack of married status. It's simply not a big deal; people can call me Mrs Hissurname, or Miss Mysurname, or MsEither - whatever. It doesn't matter. It's a bit like being 'misgendered', when you don't believe 'gender' is a thing. Either you correct the person and move on, or you don't bother... but either way, it has no material impact on your life. Whereas... if gender is something you do, actually, fundamentally feel and believe in, then of course it's important. If you want to be married, and your partner 'won't' - if, for you, it's part of real commitment - then that's a big deal. But it really isn't, for everyone.

LunafortJest · 27/04/2019 21:26

Regarding Aimily's post "My oh doesn't see the point in getting married. I'm a very strong advocate for it, the protection and the benefits it offers not only me but also for him too, especially where dc's come into it.
I'm expecting our first child in July, we are not married, but everything is tied up in each other, nothing we have is his or mine legally, we made sure it's all ours) my parents have bought me up to look out for myself)"

Am I the only one who feels sorry for someone who is pregnant and her partner/father of child won't even ask her if she wants to get married? It's early here so my brain is a bit fuzzy at the moment, and I'm not wording it right, but I often pity/feel sorry for a woman who has a partner that isn't willing to 'do the right thing' as it were, and propose to her. I have little respect for men like that. I know had always expected a proposal if I got pregnant/were planning on having a baby. And I would be very disappointed in my son if he were in a long term relationship and he and his girlfriend decided to start a family and he didn't at least offer to marry her. Very disappointed. I just believe it is the right and honourable and decent thing to do. And I do feel sorry for women whose partner doesn't ask the woman who will be having his child to marry her. I would feel rather embarrassed I guess, if it I were the woman in question, and yeah, I do feel sorry for women who the man doesn't deem important enough or worthy enough. I do understand many people don't think the same way as I do though, and probably wouldn't want my pity, so.... shrugs. And I know marriage is deeper than marrying just because she's pregnant, but I just feel it is the right thing for a man of substance to at least ask the mother of his child she is carrying. Ugh, I need coffee.

To Aimily, it seems you and your DP are mismatched if you believe strongly in marriage but he won't even ask you and you are carrying his child. If you decide to stay with him you may be waiting 10 or 11 years or more. He may never commit to you. So you do need to get other legal protections in place, as you suggested.

RottnestFerry · 27/04/2019 21:31

My wife made it to me from the start... no marriage, no children.

Seems fair enough to me.

RottnestFerry · 27/04/2019 21:32

*clear to me

multivac · 27/04/2019 21:36

I've just remembered - my partner did ask his previous long-term girlfriend to marry him. This is strong evidence of why they were never meant to end up together. She's a splendid human being, by the way, and still a friend of both of us.

multivac · 27/04/2019 21:39

My wife made it to me from the start... no marriage, no children

Whereas when the time was right, my partner made it clear to me: 'It's entirely up to you. If you feel ready to have a child, then I am ready to have a child with you. Just let me know.'

LunafortJest · 27/04/2019 21:40

@Darkstar4855 "And before anyone starts making patronising comments about needing the legal protection of marriage I should add that our house is in my sole name and I have savings as well as a well paid job so I would be perfectly capable of supporting myself and our child "

And what about if something happened to you, a car accident or something and you died. Have you thought about what kind of battle your partner would have in that scenario? Would it worry you that your child and father of your child couple be homeless, even temporarily, while struggling to assert their right to remain there, while still grieving for you?

You see, it is not just about the woman. Everyone (rightly so too) goes on about legal protections for women, but what about the man and your children? Marriage offers protections for BOTH genders/sexes (not sure which is supposed to be used these days), AND for children. Not making them homeless is a great point. And we all know how govts love red tape. It's something a grieving partner really, really does not need on top of burying you and losing a partner/mother.

Ivegotthree · 27/04/2019 21:40

Totally agree OP though we're not allowed to say it any more.

WanderingTrolley1 · 27/04/2019 21:42
Hmm
GentleBen · 27/04/2019 21:52

I earnt more than my partner when I worked full time. We have a joint mortgage. Our death in service will pay out to each other. Our baby was planned, I took 6 months off work and I earn almost as much as my partner now I'm part time. Other than having the same surname as my partner and son, what would marriage give me? We love each other. Surely that's enough?

LunafortJest · 27/04/2019 21:52

Deadringer
"If it's just a piece of paper why the fuck are so many men opposed to marriage, or don't believe in it?"

Exactly! This exactly. If it's 'just a piece of paper' then surely they would have no problems doing it. Men like that are like having a bet each way. If it is just a piece of paper and doesn't change anything, whats their problem.

Iwouldlikesomecake · 27/04/2019 22:03

I want to marry my fiancé for a number of reasons but re if we have children, I want to know that down the line if one of us dies, the other won't be scrabbling around to find the inheritance tax they would have to pay in order to remain in the home we shared.

Imagine losing the person you love most and then finding that you have to leave your home because either you can't afford to stay there, or because it's automatically been willed to someone else who wants to kick you out so they can take ownership of 'their property'.

LunafortJest · 27/04/2019 22:07

@Blackbi2d That poster only wrote the ACTUAL DEFINITION of the word bastard. Take it up with the writers of the dictionary if it offends you. They said nothing even remotely wrong, all that said was that is the legal and English definition of the word bastard. Which it has been. For centuries, up til now. I don't like the word, but it IS the definition. I get the feeling you didn't know that was the definition? Are you going to argue with a dictionary now? Be offended, but it's not like anyone can get reported for stating a legal English definition. Here it is from dictionary.com "bastard[ bas-terd ]
noun
a person born of unmarried parents; an illegitimate child.

That poster did not call children bastards, they simply said it was the definition, which it is. Rather than reporting someone for posting an English definition, maybe take it up with people who write the dictionaries and get it struck out.

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