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Law Commission consultation: “Cohabitation: the Financial Consequences of Relationship Breakdown”

10 October 2006

The Church of England has told the Law Commission consultation: “Cohabitation: the Financial Consequences of Relationship Breakdown,” that public policy should promote and encourage marriage, as it contributes to the common good.

Responding to the consultation, the Rt Revd Tom Butler, Bishop of Southwark said: “It is perfectly justified in terms of public policy for marriage to continue to confer particular benefits and privileges not available to those who choose not to commit to an enduring legal relationship, so long as adequate steps are taken to prevent manifest injustice. The test we would commend in assessing possible solutions is whether they will genuinely correct injustices without at the same time downgrading or creating disincentives to marriage.”

The bishop further argues that Government (and Church communities) have a duty to use their resources for marriage and relationship education and support. But even with adequate education, some might face real injustice without some reform to the law. The General Synod, the Church’s elected governing body, resolved in 2004 that those whose relationships are not based on marriage may face issues of hardship and vulnerability that need to be addressed by the creation of new legal rights.

The Church’s response to the present consultation reflects this. While affirming marriage as the best context in which to raise children, the response cites “the example and teaching of Jesus, standing alongside those with no voice, especially children.” It continues, “We recognise that society has a duty to protect children, whatever family structure they find themselves in,” and the Church is therefore “sympathetic to reform that addresses the effect of relationship breakdown on children and those who make sacrifices to care for them.”

But the Church rejects the notion of an opt-in to a new legal status for cohabitees on the ground that this runs a serious risk of undermining marriage. And it rejects the proposals for reform based on the length of cohabitation for couples who do not have children on the grounds that this is more likely to give substance to the myth of common-law marriage, rather than dispel it.

The difficulty of defining cohabitation leads the Church to conclude that eligibility should only be based either on having a child or on the ability to demonstrate manifest injustice. Where, on that basis, help would be provided on separation, it should also be provided on death.

For the full text of the submission, click here

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