Marriage provides more legal rights than cohabitation, including property rights, child custody, and financial support. Common law marriage grants some legal rights, but varies by location. Domestic partnerships offer similar rights to marriage through a legally binding contract, while cohabitation lacks legal documentation. Citizenship may also be affected by marriage or domestic partnership.
The main differences between marriage and cohabitation are that couples who are cohabiting but unmarried have fewer legal rights than those who are legally married. The exact differences will depend on any legally binding contracts the couple enter into. Those in a common law marriage assume some of the legal rights of formally married partners, although this varies by location.
One of the main differences between marriage and cohabitation is the fact that unmarried people have no rights to their partner’s property. Those who have separate bank accounts will not have the right to recover money from their partner’s account and partners are not automatically entitled to their significant other’s property and apologize if he or she dies. Married couples are usually automatically entitled to such assets, unless a will specifies otherwise.
Children and child custody are also handled differently among those who are married. Any child born within a marriage is considered to be the husband’s child, unless proven otherwise. In couples who live only together, the children are considered to be in the care of the mother, unless a court awards parental responsibility to the father or the mother marries.
Other differences between marriage and cohabitation concern separation, citizenship and financial support. Those who are not married do not need to submit any legal documentation to formally end the relationship. Married individuals must remain legally separated for a certain amount of time and then file for divorce in most areas.
Non-citizens are generally not exempt from deportation even if they live with a significant other. If he or she marries his or her partner, legal residency is often granted. There are some stipulations about this in some countries, as governments will want to make sure that the marriage is legitimate and that both partners are in love. This prevents couples from marrying for the sole purpose of obtaining citizenship from one partner.
The differences between marriage and cohabitation may be different for couples who have entered into a partnership or common-law marriage. Domestic partners enter into a legally binding contract with each other, which gives them rights similar to those enjoyed by married couples. The exact rights granted will largely depend on location. A common law marriage is sometimes used synonymously with a domestic partnership, although it does not involve the use of a formal contract and often requires the partners to live together for an extended period of time.
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