Dearly beloved, we are gathered together here in the sight of God, and in the face of this Congregation, to join together this man and this woman in holy Matrimony; which is an honourable estate, instituted of God in the time of man's innocency, signifying unto us the mystical union that is betwixt Christ and his Church.
It is not the role of the state, in my humble opinion, to go round telling people how they should form their relationships... I do not support two classes of adjudication depending on whether there happens to be a marriage,’ he said. ‘I support the extension of the existing system of judicial equitable distribution to the unmarried, warts and all.’
For five years now I’ve been living in unwedded bliss (well, on good days) with my partner, and currently we have no plans to change the status quo... When cohabitees separate, there is no guarantee that capital and income will be divided equally, and this has proven to be financially disastrous for some – especially in the case of women who are long-term, unmarried partners and without any property in their name.
We sorely need new legislation to give equal status to cohabitees in the event of separation. Instead of turning marriage into a political issue and promoting the idea that marriage can save families, while cohabitees will destroy them, we should equalise them in law, thereby freeing the debate to focus on the really important issue of how to make relationships last, regardless of their status.Let's ignore, for a minute, the difficulties of definition (at what point do you become a co-habitee, entitled to protection? When you first leave a toothbrush at hers? When you buy a house? When you have children?). The first question to ask is: if you are concerned about the extent of your entitlement to joint assets if your relationship breaks up, why don't you agree a formal contract dealing with it before the event? It wouldn't need to be public - just get it drawn up by lawyers (or do it yourself), signed and witnessed. Job done, rights protected. If it helps at all, there is a standard form version of this contract, that any local registrar can sort for you, for less than a lawyer would cost.
If a couple doesn't get married it's either because they don't want to, or because they want not to. Which is, obviously, entirely fine. Nothing to do with the state. But, because it's nothing to do with the state, there is no justification for the state to intervene at the end of the relationship to make sure everyone gets what they would have got had they been entitled to it. Mr Justice Mostyn is arguing that the state should enforce contracts that have, as a result of the deliberate choice of the parties, never been entered into. Without even considering morality or religion, that's a staggeringly bad idea.