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Marriage versus Cohabitation

 
 
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Marriage versus Cohabitation

This Divorce Article is Brought To You By - James Walsh

When looking at the disadvantages involved in getting married, one might think that cohabitation might be the best way, but this is not true in all the cases. The cohabitating couples will not get any legal rights over their partners. The law does not have any legal guidelines for them. They have to lead a life at their own risk. As both the marriage and cohabitation inherit certain disadvantages, there are also many advantages inbuilt into them. Describing those benefits would be of very much use to the individuals who are now in a dilemma over taking a decision on the aforesaid issue.

Marriages in the UK require certain legal formalities that would give undue protection to the married couples. It must fulfil the minimum age requirements, blood tests, a ceremony to be conducted by a clergyperson or an officer of the court and witnesses. The dissolution process should also be conducted, by fulfilling all the legal formalities. The major advantage in this system is that people cannot make impulsive decisions. Every procedure will consume more time and will make the person to be committed. It will also allow them to think of the benefits and consequences. It gives the individuals some sort of dedication and belongingness. They have certain duties to perform in the institution of marriage.

The married couples will also be guided by prescribed legal methods at the time of divorce, and they have the authority to divide their property. The high-wage-earning member must pay maintenance to the spouse. If one of the partners dies, the other partner has the legal rights to inherit at least a portion of the deceased spouse’s property, even in the cases of intestacy. Children born out of their love would be their offspring. They will have complete legal rights to claim care from their parents. Even after divorce, the non-custodial parents have certain legal obligations to fulfil, for the well-being of their ex-partner and children.

In the case of cohabitation, the persons who are in love with each other can enter into the family life at any time irrespective of their age and gender. There are no legal requirements. Based on the agreement between them, they can also dissolve it easily without any complication. This is the major advantage of this method. Many couples cohabit for their convenience. It will keep their cost of living low as both the couple would formally share everything. They will get the sexual intimacy without the obligation of marriage; they can also test their compatibility. By leading a get-together life, they can also decide whether that person is suitable to him/ her or not.

They will get to know each other’s behaviour, customs, habit and temper. Many people think that cohabitation is a means to have intimate relationship, without being affected due to divorce or suffering on account of an unhappy married life. In the UK, people accept cohabitation as a way of life. Though there are no legal guidelines for them for leading their life, people find it easy, as they can lead their life with more independence. It is also necessary for the cohabitating couples to sign an agreement between them irrespective of the bondage between the couples. If one cohabitant dies, the property and other belongings will only pass on to the persons whose name is mentioned in the Will. If the person did not have a written Will, then the property will be handed over as per the guidelines prescribed in the state laws. The surviving cohabitant does not have any claim over the property unless he or she is authorised through the Will.

Sometimes, both the parties might have bought the property jointly; unless and until they have mentioned their rights over the property they cannot have any claim over it. There is also a misconception that cohabitation does not require agreements, but this is not true in many cases. At the time of breaking up the relationship, there will be a conflict over who will get what. Without a proper agreement, they might fall prey to their cohabitant. There are many online service providers in the market to offer cheap and quick online cohabitation agreements. Internet is the best place to get the agreement as it involves less strain.

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  • James Walsh is a freelance writer and copy editor. If you want to find out more about a solicitor managed divorce see http://www.managed-divorce.co.uk
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