Andy Burnham’s government moves towards recognising de facto couples

One of the first pieces of legislation that Andy Burnham’s new British government will have to consider, according to former Justice Secretary David Lammy, is a bill aimed at automatically extending spousal rights to all unmarried couples who have been living together for at least three years. By effectively equating long-term cohabitation with marriage, this legislation could be seen as a further step forward in terms of rights, particularly as its stated aim is to provide financial protection for the economically weaker partner, who would be guaranteed a safety net in the event of an unjustified separation or, worse still, sudden death. Yet the proposal risks failing due to a number of potentially damaging issues.

The first is cultural in nature and consists of a sudden reversal of the current paradigm regarding relationships. Some Simpsons fans will recall the episode, set in the future, in which Bart’s girlfriend turned down his marriage proposal, feeling she was not ready for ‘a three-year commitment’: this was a satirical take on the trend, which has taken root over the last century, of making marriage as flexible as possible by offering safeguards and opt-out clauses to the individual parties and turning it – as is effectively the case today – into a temporary arrangement. Until now, the underlying principle has been that the more casual and revocable a relationship is, the better the rights of those involved are protected; the English law on cohabitation, however, proposes the exact opposite, namely a defence of rights centred on making provisional relationships more binding, which, by being equated with marriage, end up having consequences that are, in some respects, irreversible.

The trouble is that this constitutes a worrying intrusion by the state into citizens’ bedrooms. The most irritating aspect – one which is causing consternation even within Labour itself – is how, as things stand, the proposed legislation makes a mockery of consent, which, thank goodness, is the cornerstone of any romantic relationship, however fleeting. Since anyone in the UK is free to marry, it must be assumed that long-term unmarried couples avoid marriage for good reason, for reasons that lie outside the public sphere; when, with the aim of safeguarding economic rights, a wave of a magic wand transforms a pre-existing relationship into an unwanted marriage, rights of a different nature – but equally significant – are trampled underfoot. If, moreover, the law on cohabitation were indeed to apply not only to those who have lived together for at least three years, but to all couples who have at least one child, the whole exercise would take on the horrifying overtones of a state-imposed ‘remedial marriage’.

Finally, there is an even more delicate aspect, as it risks creating incalculable problems precisely where it aims to resolve them. The intention to provide financial protection for the less well-off partner who might suddenly find themselves alone is undoubtedly commendable, but it presupposes that couples get on well together. Consider, instead, the following scenario: a couple in which one partner, who is not financially independent, begins after six months to suffer harassment, threats or violence from the other, precisely because they are financially unable to leave. Should they decide to do so (and this is very difficult), the law on cohabitation would throw a spanner in the works, setting a minimum threshold of three years to be eligible for financial protection and thus forcing them to grit their teeth and continue to endure who knows what. Above all, it would give the financially more stable partner a further tool for blackmail and harassment, which – as is, unfortunately, all too well known – could ultimately lead to violence that is not only psychological but also physical; proof that, perhaps, we need to think twice before championing abstract rights without considering the practical consequences. After all, to turn a couple’s life into a living hell, all it takes is to pave the way with good intentions.