Are Common Law Relationships Pushing the Divorce Rate Down?

It’s likely that they are. To understand how, let’s look at some of the facts around common-law relationships.

How common is common law?

According to the CBC, as of the 2011 census, 11% of Canadian women were living with a common-law partner. And people of all ages are changing the way they approach relationships. Historica reports that “Today, first unions are more likely to be cohabitations than marriages”, while the CBC states that 11% of women 50-54 years of age were in common-law relationships.

Fewer marriages, fewer divorces?

These numbers represent a rising trend of people trying out life with a partner outside of marriage.  Divorce rates are partly falling because there are fewer people getting married (or married again) in the first place. Marriage is no longer a social necessity; women in the workforce can support themselves if they so choose, attitudes toward sexuality are becoming less strict, and we have significantly increased our control over reproduction.

Alternative living arrangements (including same-sex pairings, single-parent households, and open relationships as well as common-law) are becoming more accepted. As a result, people are no longer entering relationships with only one model to base their decisions on.

What about people who live together before getting married?

While common-law relationships may be resulting in fewer failed marriages because people are finding alternatives that work for them, many studies find that cohabitation before marriage results in a higher divorce rate. McGill reports that, “the stability of marriages preceded by cohabitation appears to be lower than for marriages not preceded by cohabitation.”

The university explains that the reasons for this could vary. The case may be that “cohabitation undermines conjugal commitment,” or possibly that “people who cohabit have demographic, socioeconomic, cultural, or personality characteristics that make them more prone to separation.”

But saying that living together causes relationships to fail would be overly simplistic. The age at which people enter into their “first union” also affects relationship longevity; older is generally better. And maintaining a commitment might not be a good idea if the relationship is no longer healthy. Ending a marriage might seem like it holds less stigma to those who have embraced different living arrangements in the past.

What should we take away from all this?

Ultimately, these numbers suggest that there is no one-size-fits-all solution to relationship satisfaction. Some people will be happier as common-law partners than as a married couple, and some may only find happiness after an initial failed union.

If you are in a relationship that is no longer healthy for you and considering a divorce, we are here for you every step of the way. Fine & Associates Professional Corporation is a well-respected Toronto Law Firm that prides itself on providing quality personal service and favourable outcomes in Family Law and Divorce Law.

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