Last week, we discussed the possibility that the impending divorce of Paul McCartney from his wife Heather Mills may prompt a wider acceptance of pre-nuptial agreements in Great Britain. Now comes word that unmarried couples in Britain may soon have benefit of another "relationship contract" widely used here in the U.S.: a cohabitation agreement.
According to the London Times, the British Law Commission - which advises the government on how laws should be reformed - plans today to issue a 370-paper on various ways co-habitating couples can have similar claims on property as are now enjoyed by married couples. In other words, couples who are living "in sin" - whether they are heterosexual or same-sex - would be able to seek support payments or a share of the property the couple amassed together should the relationship end.
In the United States, it is increasingly common for co-habitating couples to have an agreement - preferably in writing - on exactly what should happen if one of them dies or the couple splits up. Ordinarily, co-habitating couples do not have any legal protections. Co-habitation agreements, however, can specify the rights one partner has to the other's property in the event of death, or outline what financial support a partner may be entitled to if the couple simply splits apart. Co-habitation agreements are especially useful among same-sex couples, since they are specifically excluded from marital benefits by law.
However these benefits have never been available to citizens of the United Kingdom. The Law Commission's report is being issued now so that public comment can be gathered that would shape any bill that goes before Parliament. It is expected that conservatives and religious leaders will have strong exceptions to any law seen as "rewarding" couples who "live in sin."
I look at this, however, as a positive development - not only in the U.K., but also here in the United States. Britain at least appears to be joining the U.S. in recognizing the modern reality of relationships and preparing its legal system for that reality.
It is simply a fact that more and more couples live together without benefit of marriage. These relationships are often stable, emotionally satisfying and can last as many years - if not more - than a marriage. These relationships, like marriage, often end - and just as in a marriage the end may leave the partners emotionally and financially devastated. This is particularly true if the relationship ends in one of the partners' dying, since many relationships are generally built around a single breadwinner.
It is only right that couples in such relationships should be able to formalize their relationship in some way and to have that relationship recognized and protected by the law.
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