"No, of course it shouldn't be all of those ridiculous things" exactly which "ridiculous things" are you referring to?
"Also of course having children together is pretty clear legally/genetically!" Even in the ons scenario I suggested? A homeowner should be deprived of half their home simply for parenting a child from a ons? What about informal sperm donation arrangements?
As for Canadian laws have you even actually researched this? I've family in Canada and I've just looked it up in more depth. It certainly isn't the case that cohabiting couples have the same rights and responsibilities as married couples for starters, the laws vary by province, mainly anything that they are able to claim is dependent on the homeowner AGREEING to share assets, there's no outright expectation that they will nor any specific laws to enforce this and even what laws do exist to attempt to get access to assets require the claimant to take the homeowner through civil courts at their own expense.
If op were in Canada she'd be no better off!
"Primary carers in particularly quite rightly think they have protection that they don't. They should." Why "quite rightly"? Having children is a choice, being a sahp in the vast majority of cases is a choice, being financially dependent on an unrelated adult is a choice.
I do think more awareness of the FACT that common law marriage doesn't exist in the uk needs to be raised, but most people DO know and CHOOSE not to formalise their relationship. I'm on another thread at the moment where op is well aware of the situation but is choosing not to marry at this time
https://www.mumsnet.com/Talk/amiibeingunreasonable/3533138-to-be-a-sahm-if-we-aren-t-married
Her reasons for not marrying now are more emotional than practical.
Yes, her choice but there's also pressure from "dp"
Men, strangely despite having the same education as girls/women on such matters, seem to be well aware of the differences - and act accordingly! Resisting marriage with any number of excuses, resisting being sahd, avoiding putting their partners even on rental agreements... Why is this? Are they being informed by a source unavailable to women? Genuine question there.
HundredMilesAnHour unfortunately I have and do come across people in real life who never vote, never use credit etc who think "politics" doesn't apply to them. It's not a stance I understand either.
"Do you really think that this is at all likely when, as you almost all recognise, most people don't even realise that they don't have these protections unless they're married?" No that's not what we're saying at all at least it's not what I'm saying. There are some who genuinely don't understand they don't have any rights if not married but the majority DO understand that (sorry op, I don't mean to cause offence but that is my experience. Most people do understand that).
It's also something that's really only become a major issue in recent years.
As recently as 2012 most children were born to married parents.
Certainly my own experience is that cohabiting at all only started to become really socially acceptable in the 90's and even then couples who were discussing ttc would marry before ttc or at least before any surprise pregnancies were born.
Even as a mature student in the 00's the younger students I've stayed in touch with have followed the same pattern, cohabiting before children, but marrying before children are on the scene in the vast majority of cases. My alma mater even ran a Valentine's Day sm "thing" celebrating couples who'd met while at uni, with little video montages outlining their "love story" and again this pattern was most common, and included the gay and lesbian couples marrying before embarking on becoming parents.
As for abused women, I'm not sure conferring rights (and responsibilities) on them to the detriment of others makes them less vulnerable to abuse at all! Men like this simply won't even cohabit with them BUT continue to be abusive inc reproductive coercion. Making these women even more vulnerable.
"What about the women who own houses in their name and get trapped with an abusive man. Thay she cant get rid of without giving him half the house and has to continue living with him until the legals are sorted?
Or do those women not count?" Another good point! These women are prime targets for financial abusers why make them MORE vulnerable?
"You have just accurately described the situation that a woman who owned property before marriage would be in. Are you now suggesting that she shouldn't have got married?" Getting married is a choice. Being married by the state by default of living with someone removes that choice. Women who own property SHOULD consider potential consequences of marrying yes, just as men do now.
"But my point is that the 'downside' to common-law marriage that you describe already exists in the current institution of marriage." Explain please? Because I don't see that at all
Enforcing marriage by default is unfair on those who don't WANT to be legally & financially tied to the person they're living with.
"Re; @Graphista 's (long) post at 16.51...
Well said. Excellent post" thank you. I've recently had nasty comments about the length of my posts (though I suspect they're all from the same poster as the same strange spelling mistake crops up in their posts)
Totally agree with your post - and I've even worked in the wedding industry (though before it got as bonkers insane as it is now! Totally fuelled by wedding retailers who frankly are laughing all the way to the bank at couples, mainly brides who THINK they have to have the whole "princess for a day" nonsense).
A wedding can be done really beautifully for very little cost.
MintyCedric that seems only to apply to people who are married or in a LEGALLY RECOGNISED civil partnership. There's no mention of cohabitees. You were married that's what gave you access to this law.
Ella1980 are you saying you didn't receive a penny in your divorce settlement? "). I got a settlement upon divorce" ah so you did! You wouldn't have got a penny in settlement if you'd not been married. So you did benefit by being married, I agree you were screwed over but not completely. If you'd not been married it would have been complete and you'd not have a leg to stand on. I suspect you had a shit lawyer too. My 1st was crap but my 2nd was ace. Unfortunately there's great variation in quality.
Marriage has nothing to do with residency arrangements or child maintenance though, and if residency is 50/50 the argument is why would you need maintenance for the children? But I can well believe your ex is landing you with the major costs. Have you considered putting in a formal complaint about original lawyer, getting a new better one and pursuing your ex for better terms? It would depend of course on your exact circumstances but you can sue lawyers for not doing their job properly.
"Changing the law could be detrimental to women." This! It's not misogynistic at all to educate women to protect themselves. Quite the opposite.
Eastie77 how old are your friends that are better off than their male partners? Do they have children? If they do have children how long mat leave did they take? Are they sahm?
Statistically it's far more likely still in 2019 for the man to be the higher earner and property owner.
And actually your friends being better off is as has already been argued WHY common law marriage shouldn't be legalised, because your friends would then be vulnerable in a separation from someone they lived with but are not married to, to have to give that person half their assets.
"Some are married, some not" I'd bet good money that the ones that aren't married are the wealthier ones.
Zsazsajuju the uk is not entirely governed by English laws, in addition illegitimate children didn't become able to inherit until relatively recently.
Not a smug married either - gay divorcee thanks!
"Marriage is patriarchal" such a crap argument against marriage. EVERYTHING is patriarchal ESPECIALLY legal stuff, but not doing it because of THIS is cutting off your nose to spite your face! It's self defeating nonsense!
"What about the children?" The law could be changed to ensure decent coverage for children's needs. Currently whether the couple were married or not makes no difference to maintenance. The laws on child maintenance are woefully inadequate and unlikely to change unfortunately.