10. Dec. 2009. – 16:44:22
Lord Justice Munby, chairman of the Law
Commission, was reported in The Times this week [link below] as wishing to have
new legislation to protect the rights of co-habiting couples when they
separate. He comments on the changing nature of society with regard to the
institution of marriage as if this legal union of a man and a woman has somehow
metamorphosed like frogspawn to frog by the wonder of nature and the science
of natural selection. Changes in marriage statistics ie fewer marriages per
1000 of population than 100 years ago have been brought about by equal
educational opportunities for women, the need for increased women in the
workforce owing to the Great War and World War 2, efficient contraception and
the removal of tax advantages for married couples vis a vis unmarried couples.
These changes particularly the government induced changes in taxation have been
the major contributors to this seismic social upheaval. Regardless of any
moral, religious, financial obligations or reservations every couple has a
choice; to marry or not. Strictly speaking marriage is a contractual
arrangement. Indeed in Jewish, Hindu and Muslim tradition it still is. To this
day Jews marrying in a synagogue sign an actual contract in which the union is
spelled out. If a couple makes an informed choice not to marry and therefore
forfeits the legal rights contained and guaranteed within that institution that
is their business. There has been enough unnecessary legislation in the last
twelve years without adding another layer on matrimonial law. If a society can
be educated on the dangers of smoking or internet scams it can be educated on
legal protections gained by marriage and forfeited by merely co-habiting.
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