Civil or religious marriage has been the traditional option for the sentimental union between men and women. However, in recent decades a new type of relationship has spread, the common law union or partnership.
Fundamental idea of free union
The sentimental bond outside the marriage contract and without any type of ties is considered by some sectors of society as a very reasonable option. There are several reasons that are alleged to defend this type of affective bond: it is a freer model than the classic marriage, if the relationship does not work, the separation process is much easier and certain financial commitments between the members of the couple can be agree to the margin of the established laws.
Some supporters of free union argue that this modality serves as a trial period for a possible future civil or religious marriage. On the other hand, the high number of divorces has generated a certain social rejection towards the institution of marriage.
In the legislation of each country there is a regulation on the rights and obligations associated with the free union
Despite the apparent advantages, the common law does not mean that the legal obligations within the couple disappear. In fact, these unions are regulated in most countries and after a few years of romantic union there are already a series of legal commitments.
The objective of the regulation is based on the need to establish a certain order on various issues, such as compensation for the death of the partner, alimony in the event of a breakup, the legal situation of possible children, etc. Therefore, couples established in a common law union must also comply with some legal requirements.
In the event that a free union lasts less than five years, it could be said that the couple's relationship is similar to a courtship. In other words, the members of the couple only have rights and obligations from a certain number of years, except in the circumstance that they have children in common.
There is still a social stigma
Conventional marriage has a greater social prestige in most territories, especially those with a Catholic tradition. On many occasions, the free union is valued as an option that is too informal and that does not express a true commitment between the members of the couple.
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