As a side note in my discussion paper on divorce and re-marriage, I noted that there is the question of common-law marriage. The term has historically been used to refer to a couple who are in effect living faithfully, long term, as husband and wife, are recognised as such by friends, relatives and the wider community but have never had a ceremony.
As society has changed, the term has to some extent dropped out of usage but the reality is still there. There are couples who live faithfully together, I’ve particularly found this so among working class and council estate communities but can’t see the point of marriage. It’s seen as just a piece of paper and there’s a distrust of authority and bureaucracy.
Within the life of the church as such couples become Christians, I would encourage them to get formally married. I’d make it as simple and easy as possible (one reason for churches not getting out of the wedding game). This goes back to what I said previously about the Bible’s laws on marriage being there, at least in part, to provide protection and care against abuse and exploitation.
It’s important first of all to explain that whilst the term has been in use, it is, at least in the UK, really a form of mythology. There is no such thing as a marriage under common-law outside of the legally binding marriage covenant. This is important because there are no automatic rights conferred, you won’t be exempt from inheritance tax, you don’t automatically share all belongings in common and you would not have the protection of divorce laws should the relationship hit rocky grounds.
In other words, if your partner chooses to up and leave, or be unfaithful to you, then you have no protection. If you are living in their house, rented or owned, you may find yourself quickly homeless with nowhere to go. It’s also worth setting that against a context as observed in my previous article where sadly too many young men have no real role models showing them how to be faithful. We live in a world where relationships are transitory and sex is something to be sought as a recreational experience.
Marriage therefore has practical relevance. However, it’s not just about the practicalities of legal protection. It’s that marriage itself is meant to point us towards God’s faithfulness to his covenant promises.
Faithroots 