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LEGAL STATUS OF LIVE-IN RELATIONSHIP IN OTHER COUNTRIES (By- Shikha Bhatnagar & Dr. Sarika Tyagi)
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LEGAL
STATUS OF LIVE-IN RELATIONSHIP IN
OTHER COUNTRIES
Authored By- Shikha Bhatnagar & Dr. Sarika Tyagi
Abstract
The term Live-in relationship is becoming very popular
now a days; the only difference is that in the past, people used to hesitate
in declaring their status because of fear of the society However, in today's society, Indians are
openly speaking about this form of relationship.
Although this new type of living arrangement
is unstable, but still it is common in Western countries and in some metro
cities in India. Therefore, it becomes essential to understand the rights,
obligations, and legal requirements in relation to cohabitation at global
level.
In metropolitan cities of India this kind of
relationship has become an alternative to marriage where individual gives
priority to freedom and people try to stay away from the responsibilities and
obligations of a married life. In India there is no specific legislation
relating to live in relationship but in other countries like France, UK,
Ireland , Australia, Canada and many more are having specific law relating to
cohabitation which defines various rights and obligations of common law
partners . The research article will try to discuss the statutes relating
to live-in relationship/
cohabitation in other countries
Key Words : Live-in relationship, taboo,
Indian society, foreign countries, legal status
Introduction
Concept Of Live- In Relationship / Cohabitation
According to Cambridge Dictionary the act of living and
having sexual relationship with someone, especially someone to whom you are not married to.
Cohabitation has been praised as test drive for marriage.[1]
People who live together in a
consensual relationship with a partner but are not legally married to the
partner and in a registered partnership
with the partner, often known as cohabiting couples. People in such unions are
referred to as "cohabiting couples" in those nations (such as
Australia, Canada, and New Zealand) that let cohabiting couples to apply for
"de facto" or "common law" marriages or partnerships..[2]
Cohabitation
As An Alternative To Marriage
A contradicting view on cohabitation understands it as an alternative
to marriage. Slowly and gradually
marriage is losing its importance in Indian society and
cohabitation has become a substitute for
it. Main reasons are mentioned here :
Ø First and the foremost , people consider
marriage as an outdated institution and value personal autonomy and have liberal
attitudes with regard to gender roles and the division of labor
Ø Second, cohabiters may feel that
marriage is not relevant for them.
Ø They do not reject marriage for ideological
reasons; they just do not consider it important to get married.
Ø Marriage would not make any difference for
their commitment and feelings towards their partner;
Ø They might even feel that they are in
a way married, just not in the legal sense.
Not only in India but in
foreign countries live-in relationship is prevalent from the very old days . In
other countries sometimes it is termed as cohabitation, common law partnership or living apart
together . Every country has its own laws related to live-in relationship or
cohabitation such as in Scotland there exsist family law Scotland act 2006,In France
there is a
PACS agreement and in
Canada family law act 1990 is prevalent.[3]
The Supreme Court has ruled in a
number of decisions that live-in relationships are not against the law and fall
under the protection of Article 21 of the Indian Constitution's Right to Life.
Therefore, it is important to consider how live-in relationships are governed
legally in various countries around the world. Cohabitation is now recognised
as lawful in many countries throughout the world. In order to address the
problems associated with cohabitation, they also have cohabitation-related
laws. Sharia law forbids it in some places, while industrialised nations like
the United States, the United Kingdom, Australia, Canada, France, and many more
consider it legal. heterosexual couples that share a home together”.
Varied countries have different views
on live-in relationships. For instance, cohabitation after divorce is commonly
punished in Bangladesh by the salishi system of informal courts, especially in
rural areas. According to an Islamic penal code that was suggested in 2005,
cohabitation in Indonesia would have been punishable by up to two years in
prison. Also Sharia law forbids cohabitation in countries where it has been
practised. However, several industrialised countries, including the USA (23
percent in 2003), Denmark, Norway, Sweden (over 50 percent), and Australia (22
percent), among others, permit live-in relationships and do not view them as
illegal.[4]
Now We Will Discuss The Laws
Related To Cohabitation In Different Countries
UNITED STATES OF AMERICA
In United States, cohabitation is the
living together of two or more persons who are in an intimate relationship but
who are not legally connected through marriage or a civil union.[5]
In
contrast to the 7.6 million opposite-sex cohabiting couples in the US in 2011,
there were 514,735 cohabiting same-sex couples as of the 2010 Census, according
to a different data from the Census Bureau. Although cohabiting people come
from all age groups, their average age range is 25 to 34.
Unmarried
couples who are cohabitating can choose to draught a range of legal contracts
(commonly
referred
to as "cohabitation agreements") that can help protect their rights
as a couple while also protecting their individual interests and assets..[6]
Legal Status: As of 2022, only two states—Michigan
and Mississippi—have cohabitation bans that are actually enforced. The statute
in Michigan came into effect in 1931.[7]
However, unmarried cohabitants do not automatically have the same
rights as married people, especially when it comes to property that was
acquired during a relationship. Even in long-term relationships, unmarried
couples are typically exempt from the application of marital property rules.
Additionally, regulations governing the transfer of property from one spouse to
the other upon death, the responsibility for caring for the other's property
during periods of mental incapacity, and even visitation privileges in
hospitals do not apply to unmarried couples. Although most of these rules have
been updated to prevent injustice to children, traditionally, children of
unmarried couples were not given the same rights as children of married
couples.
Living together contracts that grant each party rights akin to those
enjoyed by married couples are a relatively new trend among both heterosexual
and homosexual couples.
Laws in
several states, including California, refer to cohabiting couples as
"domestic partners." Those who "have decided to share one
another's life in an intimate and committed relationship of mutual
caring," including having a "shared residence, and are the same sex
or persons of opposite sex if one or both of them," are considered such
couples in California.[8]
CANADA :
Live-in relationships are recognized as
Common-Law relationships in Canada. Simply said, a common-law partnership is a
union between two people that lasts for the minimum amount of time necessary
for a marriage to be recognised by the state. e practiced either by straight
people or people who are in same-sex relationship.
Cohabitation/live-in
relationships are also considered legal in Canada. It is also known as common
law marriage. Section 54 of the Family Law Act 2006 RSO 1990 governs live-in
relationship and states that people who cohabit or wish to cohabit and who are
not married can enter into an agreement which will deal with all their rights
and obligations in respect of the cohabitation, at the time when they cease to
cohabit and on their death. Including,
(a)
ownership in or division of property;
(b)
support obligations;
(c)
the right to direct the education and moral training of their children, but not
the right to decision-making responsibility or parenting time with respect to
their children; and
(d) any other matter in the settlement of their affairs. [9]
Quebec consist the highest number of
people living in live-in relationship in the world.
If two persons have been continually
residing together in a conjugal relationship for at least three years, they are
deemed common law partners in Ontario, Canada. They simply need to have been
living together for a year if they have a kid together through birth or
adoption.[10]
UNITED KINGDOM :
Live-in partnerships are primarily
protected by the UK's Civil Partnership Act. Even though the phrase
"common law partners" is occasionally used to refer to a man and a
woman who are in a committed marriage. A note from the Home Affairs Section to
the House of Commons in 2010 stated that unmarried couples do not have a
guarantee that they will inherit the other person's belongings in the event of
relationship breakdown. If a couple decides to split up while cohabitating,
their property cannot be divided.[11]
Family law Scotland act 2006 provisions from 25 to 28 deals
with meaning of cohabitants and discuss about various rights such as Rights in
certain household goods, Rights in
certain money and property and Financial provision where cohabitation
ends otherwise than by death.
FRANCE :
The Civil Solidarity Pact in France
regulates live-in relationships. It is a type of legally enforceable common
relationship contract between two adult individuals for arranging their shared
lives. It comes with obligations and rights, but fewer than marriage. In terms
of their marital status, the couple that has registered under PaCS is no longer
regarded as being single.[12]
The single significant drawback is
that live-in partners are not recognised under French inheritance laws, which
prevents them from receiving any state pensions in the event that their partner
passes away.
Unmarried couples, including same-sex
partners, are able to enter into a pacte civil de solidarité (PAC), which
safeguards the rights of each party's individual members and entitles partners
to partake in property rights and income tax advantages.[13]
PHILIPPINES :
In the Philippine Family Code, the
term "union without marriage" is used in the section on property
rights of cohabiting spouses. Philippines has created some provisions for the
property rights under its civil code for the non-marital unions despite the
fact that this idea, or non-marital unions, are not recognised legally like
India.
For those who live together as a
married couple without taking benefit of marriage, the Philippines family code
provides regulations respecting property. According to the Philippine Civil
Code, live-in partners' property should be managed according to the principles
of equal co-ownership, and it is also assumed that any property they acquire
while they are living together was gained via their joint efforts. The one who
looks after the family and manages its affairs is regarded as having
contributed jointly to the acquisition of property, though in reality the
person may or may not have participated directly in the acquisition of
property.
AUSTRALIA : Cohabitation
type of relationships are becoming
common now a days especially
among young generation . people are giving preference to live in relationship
in comparative to marriage. A
Cohabitation Agreement is a contract between a two unmarried adult couple who is romantically involved and
is planning to live together under a same roof . It defines the rights and
responsibilities of each party of live in
and make provisions about how to divide the couple’s
assets in case they get separated in the future. The agreement can
cover some or all their assets and debts.
This
cohabitation agreement can be made by two adults who are:
·
In
a de facto relationship
·
Not
married to each other
·
Not
related by family
·
Living
together, or planning to live together
The Family
Law Act (1975) governs the rights of cohabiting couples in
Australia. For non-intimate couples, such as friends or siblings, who are
planning to live together.
A Cohabitation
Agreement is also known by various other names such as :
·
Binding
financial agreement (BFA)
·
Living
together agreement
·
De
facto partner agreement
·
Common
law partner agreement
·
Non-marital
agreement.[14]
IRELAND : The Civil Partnership and Certain Rights
and Obligations of Cohabitants Act 2010's Part 15 contains the new Irish
legislative framework for cohabiting couples. Both cohabitants of the same sex
and those of the opposite sex must abide by these guidelines. The Irish scheme
provides for a range of possible remedies for ‘qualifying cohabitants’, who
must have lived together for at least 5 years, or for at least 2 years if they
have a dependent child. The scheme also regulates the making of ‘cohabitants’
agreements’. A key limitation on the scheme is that the claimant must establish
‘financial dependency’ as a prerequisite of a remedy.
One of two
individuals (whether of the same sex or the opposite sex) who live together as
a couple in an intimate and committed relationship is referred to as a
cohabitant under section 172(1).
CHINA : A contract for a live-in relationship can
be signed in China by a couple. Due to the fact that a kid born outside of
marriage enjoys the same rights and privileges as a child born within a
marriage, the child's rights are protected.
Norway
In
Norway, cohabitation is a typical form of partnership. If a couple has shared
children or has cohabited for five years, they may be entitled to certain
privileges. A cohabitation agreement is another way that cohabitants might
control their relationship.
41%
of births in the OECD as a whole take place outside of marriage. More than 50%
of children are born outside of marriage in 11 OECD nations (Chile, Denmark,
Estonia, France, Iceland, Mexico, the Netherlands, Norway, Portugal, Slovenia,
and Sweden), (71%), and Chile (74%).[15]
Here is a graphical statistics of
Number of couples cohabitating in several countries across the world …
Conclusion
According to the study mentioned above,
living together is significantly healthier than being married but then getting
divorced because of it. A novel idea called a live-in relationship serves as an
alternative to marriage so that the couple can get to know one another and
completely prevent divorce. People are
more accepting live-in
relationships as a result of social, political, and economic changes in
society, much to how following the fall of communism and the Soviet Union,
countries like Russia, Bulgaria, and Estonia became more accepting of the
practise.
Some nations have legalised this
practise and made it acceptable, while others continue to forbid it because
they view it as taboo. Human nature is incredibly mysterious and active. On the
one hand, we are very resistant to change because it might upset or change the
established order, but on the other hand, we implement these changes to help
individuals from all walks of life advance .
The idea is spreading around the
world, including India. However, due to an increasing number of partnerships
and a shift in public opinion, our culture needs legislation to control them.
Through its several rulings, the Supreme Court attempted to uphold the rights
of cohabiting partners and their kids, but it is still evident that Indian law
does not sufficiently address the issue of cohabiting or non-marital couples .
According to the study of Philippines
and Scotland the law does not provide for registration of non-marital
relationship as compared to France and United Kingdom, but these countries
provide for the regulation of property matters of live in partners. The United
States of America legally recognises the live- in-relationship. Similarly in
some more countries like in Canada , Australia , Ireland also cohabitation has
been legalized.
In various foreign countries like in
France, Canada , US,UK, Australia , Ireland and many more other countries have
given legal sanction to the living arrangement which we call as cohabitation.
These countries had already made a statute related to cohabitation which basically fall under the Family Law Act
of the concerned country . These laws have defined rights relating to
Inheritance, Succession, Maintenance, but in France there is a lack of
inheritance Laws.
Our Indian Legislature should get
inspired from the laws of the other countries and try to adapt any one country
law on cohabitation what we called it as Live in Relationship in India.
Those who were once resistant to
change will gradually become receptive. As change does not occur quickly,
nations that once prohibited the practise of live-in relationships will
eventually
legalise it. Although most nations
take a while to decriminalise or abolish limitations on live-in relationships,
the process will still take place. All we can hope for is a new world order in
which everyone is free to live their lives as they choose, without interference
from the government or anybody else.
References
1.
https://legal-dictionary.thefreedictionary.com/cohabitation
2. https://www.theatlantic.com/health/archive/2012/02/the-marriage-problem-why-many-are-choosing-cohabitation-instead/252505/
3. https://www.ukessays.com/essays/social-work/the-rise-of-cohabitation.php
4. https://phdessay.com/identify-and-explain-two-reasons-for-an-increase-in-cohabitation-17/
5. https://www.demogr.mpg.de/publications/files/3367_1248875633_1_Full%20Text.pdf
6. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2690230/
8. https://www.legalserviceindia.com/legal/article-4058-live-in-relationship-in-various-countries.html
15. "America's Families and Living Arrangements:
2011, Table UC1". United States Census Bureau. November 2011. Retrieved
2013-12-11
16. The different
meanings of cohabitation across Europe. How cohabiters view their unions and
differ in their plans and behaviors
17. May 2014,Publisher: Amsterdam University Press, ISBN:
978-90-6984-682-8
Article Information
LEGAL STATUS OF LIVE-IN RELATIONSHIP IN OTHER COUNTRIES (By- Shikha Bhatnagar & Dr. Sarika Tyagi)
Authors: Shikha Bhatnagar, Dr. Sarika Tyagi
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/09/03
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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