How Similar Are Cohabitation and Marriage? Legal Approaches to Cohabitation across Western Europe

Abstract

Although cohabitation and childbearing within cohabitation have increased in Europe over recent decades, the variation across Europe remains remarkably wide. Most studies on union formation have not explicitly addressed the role of state policies in the development of cohabitation or discussed how countries have responded to changes in union formation by passing legislation. Here we discuss historical and theoretical issues relevant to the relationship between state policies and union formation and describe policies relating to cohabitation and marriage in nine Western European countries. Drawing on secondary sources and legal documents, we examine the quantity of regulations that mention cohabitation and the approach to cohabitation in 19 policy dimensions. We then place the countries along a continuum, from those that have equalized cohabitation and marriage to those that only regulate marriage. As a whole, this overview raises questions about the changing institution of marriage, as well as the increasing institutionalization of cohabitation.

Free to stay, free to leave: Insights from Poland into the meaning of cohabitation

“…Consequently, unmarried partners are frequently worse off with respect to property rights, taxation, survivor"s pension, inheritance rights, and adoption rights (Perelli-Harris and Gassen 2012). This lack of institutional security is one of the reasons why cohabitation is generally not perceived as being an appropriate setting for childrearing, and why in most developed countries cohabiting couples who want to become parents sooner or later sacrifice the freedom associated with cohabitation and decide to get married .…”

“…Steven Nock described cohabitation as an "incomplete institution" that is "not yet governed by strong consensual norms or formal laws" (Nock 1995, p. 74). In recent years many western countries have introduced laws and policies that recognize cohabitation, or even place it on an equal footing with marriage in some respects or under certain conditions (Bowman 2004;Bradley 2001;Perelli-Harris and Gassen 2012).…”

Formerly cohabiting parents and parenting plans: Who makes the effort?

“…they must be aware of the mandatory nature of parenting plans. Couples may be unaware of existing family laws and policies (Perelli-Harris & Gassen, 2012) or their implications (Boele-Woelki, Curry-Sumner, Jansen, & Schrama, 2007), which will lower the likelihood that these parents create a parenting plan. We assume, first of all, that the parents' educational level is related to their knowledge of the law.…”

The timing of marriage vis-à-vis coresidence and childbearing in Europe and the United States

“…For these couples, marriage may be an expression of "permanency and… long-term commitment," conferring legal and symbolic status on the couple (Holland 2013: 279). While cohabitation is an almost universal prerequisite for marriage in Sweden (Andersson and Philipov 2002) and cohabiting couples have access to some legal protections where 'cohabitation contracts' or registered partnerships are available, in most countries marriage remains distinct from cohabitation (Holland and de Valk 2015;Perelli-Harris and Sánchez Gassen 2012). As such, in this extended typology I distinguish 'Direct Family-Forming' marriage, whereby a couple does not coreside prior to marriage, from 'Post-Cohabitation Family-Forming' marriage.…”

“…While marriage is not a prerequisite for a first conception or birth, it is closely linked to that birth. Distinguishing pre-and post-birth Legitimizing marriages was less relevant for Sweden, where filial rights are transmitted to parents regardless of marital status (Bøe 2010;Perelli-Harris and Sánchez Gassen 2012). Because rights, responsibilities, and norms pertaining to non-marital childbearing vary across countries, I distinguish 'Conception-Related Legitimizing' marriage (sometimes termed 'shotgun marriage' or 'bridal pregnancies'), where marriage occurs following a first conception but before a first birth, and 'Birth-Related Legitimizing' marriage, where marriage occurs within 12 months of a first birth.…”