Should common law marriage be legal?

Elliot (No)

Common law marriage should not be legal because it pushes couples, who may or may not have been that serious, into difficult, financially burdensome situations. For many couples, it makes sense to live together before marrying. This gives both partners a chance to 'test the waters' and determine if they can function together like a couple. Common Law marriage rushes this process and forces couples to face the legal consequences of financial dependence before they're ready.

Common law marriage ensures hefty legal fees for those who wish to live together. Before moving in with someone new on a long-term basis, you must visit a lawyer to discuss the legal implications. A cohabitation agreement is probably necessary if either partner owns the residence. Otherwise, they run the risk of losing a considerable amount of money if the relationship turns sour. These additional legal fees clearly do not help at a time when home ownership is already very difficult for young couples. 

There is considerable legal uncertainty regarding common-law marriage. While most people know the basics about marriage and divorce, few actually understand how common law marriage works. This is especially true regarding inheritance and property rights. Jurisdictions that have adopted common law marriage often give different rights to legally married spouses compared to common law partners. There is no sense in creating more confusion in an already complex legal world. 

Finally, common law marriage unfairly affects the partner with more money. This goes against basic principles of equality under the law. In the US, everyone is supposed to be treated the same way by the government. 

Sam (Yes)

Common law marriages give couples beneficial legal rights, including those related to inheritance, social security benefits, property, child custody, and alimony if the couple terminates the marriage. It is important that couples who do not undergo the standard legal process for marriage still maintain these legal rights. For example, without legal guidelines for property division, an effectively married couple could separate, and one partner could force the other to leave the house they’ve been living in together. The latter partner would have no legal recourse for asserting partial ownership over the property.

Common law marriages align with the dynamics of modern-day relationships. Adults in the US are increasingly choosing to cohabitate with their partners without getting married. This trend is more widely accepted among younger generations (18-29). Many people choose to cohabitate without getting married for financial reasons. This consideration makes common law marriages especially attractive because it benefits the couple financially and protects each partner from severe financial damage if the relationship ends. Also, common law marriages are often cheaper than traditional marriages, which usually involve wedding ceremonies and reception expenses.

Finally, common law marriages have historical and cultural significance. In the US, common law marriages were pursued for convenience. Living with a partner while being unmarried was stigmatized and sometimes still is. Common law marriages began to satisfy this social expectation without having to find an authority to officiate the marriage. While finding someone to officiate a marriage is much easier now, this does not constitute a reason to make the historical and harmless practice illegal.