The legal aspects of concubinage : a comparative study

Abstract

In recent years the laws governing the family as well as the underlying values related to marriage and divorce in several countries have undergone radical changes. In particular the needs and desires of individuals have received increased attention. While this focus may tend to undermine the family as a unit, this same form has led to the equality of marital partners. Equally relevant, governments have increasingly shouldered economic and social support which formally was performed by the family. Obviously a major question which must be asked throughout a study of family law is what are the broad purposes behind family laws? To what extent is a given precept expected to control behaviour and how successful can the control of behaviour be in this area? To what extent is the law in question designed to portray a community standard meant to be strived for but not always reached? To what extent ought the law to reflect the diversity of human behaviour and support conduct established by practice? With respect to family formations it appears that a growing number of people are choosing to ignore the formal proceedings prescribed by marriage. It is a known fact that there has been a substantial increase in the number of couples living together without getting married. Before attempting to analyse these new styles of life, some questions of a general order may be raised. Is it possible to consider co-habitation as a universal phenomenon or is this way of life closely related to changing economic structures? Furthermore is co-habitation a protest movement, a criteria indicating membership of a certain social group, or counter culture, or is it rather a mutation of present day marriage and divorce patterns in highly industrialized societies? Finally is the legal recognition of co-habitation a move to shape marriage and non-marriage according to one common model or it should it be rather considered as an attempt to solve practical problems on a piecemeal basis? It does seem that major social actors have produced a totally different outlook on the functioning of basic societal institutions such as the family. Worthy of mention are the growing importance of human rights, changes in the status of women, women's economic involvement, encouragement contraceptives, of family planning, free access to changes in sex roles. These and some other related factors seem all to have contributed to the individualisation within the life style of the couples.