OPINION: Carole Atkinson

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%.

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.

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.

The bottom line is that cohabiting couples must protect themselves. The dangerous misconception that being a common law husband or wife provides security when a cohabiting couple separate needs to be demolished.