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

[Rainbowhairdontcare]

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?

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

Well ..... marry him then

Scotland doesn't have common law marraige it is a myth you can draw up legal documents for property but you are not seen as a married couple. I really think if you want the legal rights then get married I don't know why you wouldn't.

With no legal documents in place what do you suggest is the criteria for this? I presume the ones consciously avoiding marriage as a form.of protection will simply avoid meeting that criteria too. If you want the protection marriage gives then you get married. If someone won't commit to that I think it tells you all you need to know.

As Lifecraft said, we don't have 'common law marriage' as there is no such thing. You are married/in a civil partnership or you are in a relationship/cohabiting.

If you want to leave your assets to your partner when you die then you make a Will. Saying that you want a common law marriage so you would not have to have the hassle of making a Will makes you very unreasonable - instead you end up with an intestacy and make like more difficult for your family to deal with.

I am a bit torn about this. I do think that there could be a common law agreement/contract that both parties sign. I also think that wills and other asset protecting or sharing paper work should be available easily. I also think that some parts of UK marriage certificate should be updated. But I don't think just by living together anyone should be entitled to anything.

@Oldbutstillgotit - marraige by habit and repute still applies to an incredibly unusual set of circumstances - according to S3 of the Family Law (Scotland) Act

DementorsKiss
You can make mirror wills, put your property in joint names or tenants in common, you could have life insurance and name your partner as beneficiary, you could have a civil partnership.
Lots of options.
You don't have to get married.
But you do have to take responsibility and plan for your future and put your affairs in order. Just like everyone else.

My Grandmother didn't want to marry the partner she cohabited with, they were happy ad they were, why should she effectively be forced into labelling it as such?

No, I am not married as I want my ds to get my assets (dp will get some and won't be left homeless). Why should we default to something just because some want the rights of marriage but can't be bothered to have a quick registry office do to get them

Common law marriage doesn't exist in Scotland either.

The issue with common law marriage is that it creates rights where some people may not want them. You say you would like your partner to inherit from you when you die, but another couple might not want that. Why should those rights therefore be thrust upon them?

Marriage is a way of opting into those rights. You have a free and unencumbered choice over whether you want them. It's right and fair that it should be that way.

I much prefer marriage and wills over this

Australia recognises de facto relationships

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?)

The point is to get the rights. If you split tomorrow, you'd be quite happy to take advantage of the benefits of not being married, no divorce fees to solicitors etc.

There are benefits in being single, and benefits in being married. Some single people want the benefits of marriage, until it all goes wrong, then they get the benefits of being unmarried!

No. There is marriage and civil partnerships for heterosexual couples is coming in too. If you can’t be bothered to get off your arse and have one of those you don’t get the protection the status provides. If it doesn’t suit you to get married for financial reasons then don’t but you can’t complain you don’t get the benefits if you aren’t willing to take the perceived disadvantages too.

DementorsKiss

I think if you're a single woman without DC there isn't any benefit to marriage.

However if you're a single woman with DC - that's another ball game altogether.

No thank you. Thank fuck I wasn't any more legally linked to my horrible ex than I had to be. I wanted the rights of marriage with my husband, so I married him.

But nobody can guarantee we'll stay married forever, why would I want to share my inheritance with someone just because?

Also for those that question common law marriage it's not a defacto thing. It has to be proven by years of cohabitation and testimony that life was of a married couple. Again, mostly used when death comes.

There's no common law marriage in Scotland.

Marriage is a legal commitment and people should only enter into it by fully choosing that's right for them. So they can go to the registry office and formalise it by getting married.

What would the criteria be? Living together for 6 months? 12 months? What if you wanted to trial living together before committing to each other?
Would you sign legal documents? If so, just get married.

Hetrosexual couples now have a civil partnership , is that right ?

I'm in Scotland, and in almost 60 years I have known only one couple "married by habit and repute" who would have qualified under our laws. I only found out they weren't married the day they actually tied the knot!

Otherwise, I agree with most pp, marriage should be a conscious choice.

@DementorsKiss

(what other point is there?)

The “other point” is all those rights you want. Marriage is how you get this rights. If you’re not religious, have a civil ceremony in a register office where they’re not even allowed to include religious stuff.

I’m not getting your reasoning because it sounds like opting into or out of marriage or a will would be a better decision for you rather than just because

The unintended consequence will be making cocklodging easier and making it much, much harder for single parents - male or female - to move on romantically without putting their assets (intended for their children) at risk.

Have a national awareness campaign on the issue of married vs non married rights so that (mostly) women are aware of their vulnerability.

Don't make other (mostly) women vulnerable instead.

Marriage should be an opt-in system. Otherwise you’d have couples having to opt OUT. That would be awkward, wouldn’t it? Having proof that your partner absolutely didn’t want your relationship to be recognised in any kind of sense.

What do people this marriage is?

It’s basically just a legal contract between two people who say they are free to marry and taking each other as husband or wife. You say the words and sign a piece of paper in front of witness to declare this and then you get legal rights.

There would be no way to declare two people were in a common law marriage (that avoided people co-habiting who didn’t want to be considered married) that wasn’t basically the same thing.

I think if you're a single woman without DC there isn't any benefit to marriage.

That depends. If the man you've lived with for 30 years dies, and he had a few bob, his partner is going to get hit for 40% inheritance tax. His wife would get everything tax free.

There are other financial benefits to being married too.