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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think that it's shameful that England (I think Scotland does) won't recognise common law marriage?

294 replies

Rainbowhairdontcare · 13/09/2019 13:26

I've never understood why that's the case. Some States in the US do, the same as Canada and even some Latin American countries. Given the statistics of cohabitation it would only make sense?

OP posts:
Mammylamb · 13/09/2019 13:27

No. If you want the rights of married people then get married

Whitney168 · 13/09/2019 13:27

I think it would be madness to recognise it as such - linking yourself to someone legally surely MUST be a conscious decision, not to be drifted in to?

isabellerossignol · 13/09/2019 13:27

I think it's right that it's not recognised. People have chosen not to marry so the state shouldn't force a form of legal union on them against their will.

Tableclothing · 13/09/2019 13:29

If you make common law marriage a thing then moving in together will become a much bigger commitment than it used to be. I expect you'd see a rise in the number of officially single households, with a corresponding rise in pressure on available housing stock.

PurpleWithRed · 13/09/2019 13:29

What would the criteria be for it to be a lawful common law marriage? Joint mortgage? Children together? Self declared living as man and wife? What if you split and one of you says it was common law marriage and the other says no it wasn’t we were just boyfriend and girlfriend?

MuddlingMackem · 13/09/2019 13:31

YABU, there are peopole who deliberately choose not to get married, eg to protect their assets for their children, and it would be wrong take that choice away from them.

If you're so keen on the rights you get from being married, then make the effort to get married.

Banangana · 13/09/2019 13:32

Surely it makes more sense to educate people on the legal implications of marriage vs cohabitation and then let them decide for themselves? Why should couples who'd rather not be married be forced into a legal contract?

CuriousaboutSamphire · 13/09/2019 13:32

Shameful?

Given the way our laws and the laws of the countries you give are entirely different it is not really unlikely that such things will differ.

I can't get over shameful though!

Geminijes · 13/09/2019 13:32

If you want the benefits of marriage then get married.

BringTheBounceBack · 13/09/2019 13:33

It’s not hard to head down to the register office and get married to get those rights.
I don’t see the problem

Common law marriage isn’t a thing in Scotland either

Lifecraft · 13/09/2019 13:33

They don't recognise common law marriage like they don't recognise unicorns. Because it doesn't exist, it's a made up load of tripe to make boyfriend and girlfriend feel special.

museumum · 13/09/2019 13:34

No way. I lived with a male flatmate who was my best friend but not boyfriend for three years. No bloody way did we want to be considered married.

DementorsKiss · 13/09/2019 13:34

yes - I have lived with DP for over 10 years - why on earth should we get married just to give us the same rights when we don't have or intend to have children & are not the slightest bit religious (what other point is there?)

Rainbowhairdontcare · 13/09/2019 13:35

It usually takes a couple of years to be recognised. I for example don't want any of the "rights" of marriage. However if my relationship were to last til our senior years I would like my partner to have the protection that marriage entails. In my ideal world would only be in case of death (which is how it's used in most cases anyways).

I'm extremely biased as I'm very hesitant about marriage as there's no real recognition of separation of assets. It doesn't benefit me at all at the moment. But if we were to stay together til death I'd like him to inherit from me (which can be solved with a will) but saves that hassle.

OP posts:
kingsassassin · 13/09/2019 13:35

Scotland recognises one extremely limited category of common law marriage only. It isn't a blanket cohabitation = marriage by any means. Rather the opposite.

Fairenuff · 13/09/2019 13:35

What is a common law marriage anyway?

RasberryRoyale · 13/09/2019 13:36

If you want the rights of marriage get married. I got married and nit for religious reasons nor was it religious.

I don’t think scotland recognises common law marriage but I may be wrong.

RasberryRoyale · 13/09/2019 13:36

*not for

endofthelinefinally · 13/09/2019 13:36

Everybody has the choice to put their relationship on whatever legal footing they want. Adults have to take responsibility and sort it out.

Bartlet · 13/09/2019 13:37

No way. I am determinedly unmarried as I want to protect my assets for my children. If this became law it would mean that I would be forced against my will into a legal contract that I don’t want.

NiceLegsShameAboutTheFace · 13/09/2019 13:37

No, I don't agree that we should recognise 'common law marriage'. If you want to be recognised as 'married' then get married.

I cohabited with my partner for over 25 years. I do not think it any way appropriate that the state should have been able to deem me married. I'm not. I never have been.

Completely agree with @Whitney168. Marriage needs to be a conscious decision, not something that creeps silently up on me as a result of someone leaving their toothbrush at my house Shock

kingsassassin · 13/09/2019 13:37

So cohabitation should mean marriage (even if neither of the parties want that) because you don't want to have to spend £100 on making a will. Okaaay.

UtterlyUnimaginativeUsername · 13/09/2019 13:38

Surely it makes more sense to educate people on the legal implications of marriage vs cohabitation and then let them decide for themselves? Why should couples who'd rather not be married be forced into a legal contract?
This, completely. It's madness to do it any other way.

Banangana · 13/09/2019 13:38

However if my relationship were to last til our senior years I would like my partner to have the protection that marriage entails

Then get married.

Oldbutstillgotit · 13/09/2019 13:39

@kingsassassin in Scotland there used to be Marriage by Habit and Repute however that was abolished in 2006.