Helen Nile
Helen qualified as a solicitor in 1998 having completed her training as a solicitor with t...
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Is Marriage Going Out of Fashion?
(2nd April | 09:17)
Information recently released by the Office for National Statistics shows that in 2006, the number of marriages in England and Wales fell by 4% to 236,980. This is the lowest number of marriages since 1895.
The information also discloses that since 1992 there have been more civil ceremonies in England and Wales than religious ceremonies. In 2006, civil ceremonies accounted for 66% of all ceremonies. In 1996, the figure was 59%.
There has been a suggestion that the fall in the number of marriages is partly attributable to changes in the law aimed at discouraging so called sham marriages but is this really the reason?
The decrease in the number of religious ceremonies would seem to suggest that people are viewing marriage less and less as a religious commitment. Is it simply the case that marriage is falling out of fashion as it becomes more and more socially acceptable to live with a partner rather than marrying?
Underlying this change in attitude may also be a belief that being married makes little difference to a couple's legal status. The myth of the common law spouse still exists and many co-habiting couples may well believe that their rights are similar, if not the same, as if they were married.
Under the current law in England and Wales, this is not the case. When co-habiting couples separate, their rights are far more limited than if they had been married. A divorcing spouse can make claims for maintenance for themselves as well as pension sharing orders and orders for the payment of capital sums and for properties to be transferred to them. A separating cohabitee will find his/her claims much more limited. There is no right to claim maintenance for themselves (maintenance for any children remains payable), ask for a lump sum or have orders made against a pension. Claims for orders in relation to properties are also very much more limited.
What do you think? Is marriage falling out of fashion and is that change in attitude based on a false belief that being a common law husband or wife will provide security when a cohabiting couple separate?
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