Marriage Decline Shows Importance Of Cohabitants Knowing Their Rights

• Published date: 17 August 2022
• Subject Matter: Family and Matrimonial, Family Law
• Law Firm: Ian Walker Family Law and Mediation Solicitors
• Author: Ian Walker Family Law And Mediation Solicitors

On the 19^th May the Office for National Statistics ('ONS') published its latest annual figures for the number of marriages that took place in England and Wales, for the year 2019.

The figures show a continuing decline in marriage rates. There were 219,850 marriages in total in England and Wales in 2019, which is a decrease of 6.4% from 2018.

Marriage rates for opposite-sex couples have now fallen to their lowest level on record since 1862. In 2019, for men, there were 18.6 marriages per 1,000 unmarried men, and for women, there were 17.2 marriages per 1,000 unmarried women.

Commenting on the figures, Dr James Tucker, Head of Health and Life Events Analysis at the Office for National Statistics, said:

"Today's data show a decline in marriage rates for opposite-sex couples while rates for same-sex couples have remained the same.

"The number of opposite-sex marriages has fallen by 50% since 1972 [when divorce became easier]. This decline is a likely consequence of increasing numbers of men and women delaying marriage, or couples choosing to live together rather than marry, either as a precursor to marriage or as an alternative."

In fact, figures previously published by the ONS confirm that more couples are choosing to cohabit as an alternative to marriage. Statistics for 2020 showed that in that year 13.1% of the population aged 16 years and over were cohabiting, compared with 11.3% in 2010. Marriage is in decline, and cohabitation is on the rise.

These figures emphasize how important it is that those who choose to cohabit rather than to marry know what their rights are in the event that the relationship breaks down.

No automatic rights for cohabitants

In particular, cohabitants must understand that they will not have the same rights as those who choose to marry. There is no such thing as a 'common law marriage' - cohabitants will never gain the same rights as married couples, no matter how long their relationship.

Accordingly, a cohabitant whose relationship has broken down will have no automatic right to claim financial provision for themselves from their former partner, in the same way that someone who was married can. The law...