brienna perelli harris
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How similar are cohabitation and marriage? Demographic trends and legal approaches
across Western Europe
Research funded by
European Research Council Starting Grant CHILDCOHAB
Centre for Population Change
Brienna Perelli-Harris
University of Southampton
Increase in cohabitation
2
. Austria
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.
Belgium
.
.
.
.
Bulgaria
.
.
.
.Estonia
.
.
.
. France
. .
.. Italy
.
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.
Netherlands
.
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.Norway
.Poland
..
..
Romania
..
..
Russia
..
.
.
Spain
.
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.
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United Kingdom
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.
USA
010
20
30
40
50
60
70
80
90
10
0P
erc
enta
ge h
avi
ng e
ver
coh
ab
ited
Pre-1940 1940-49 1950-59 1960-69 1970-79Birth cohort
Proportion of women reporting ever cohabiting by country
3
Increase in childbearing within cohabitation
Source: Harmonized Histories Database
1970-74 1975-79 1980-84 1985-89 1990-94 1995-990
10
20
30
40
50
60
First births in cohabitation
Per
cen
t
Estonia
Norway
France
Austria
UKNDLUSA
RussiaBulgaria
Spain
HungaryRomania
Poland
4
Non-Marital Fertility in Europe 1960
Kluesener, Sebastian, Brienna Perelli-Harris, and Nora Sánchez Gassen. 2012. “Spatial Aspects of the Rise of Nonmarital Fertility across Europe since 1960: The Role of States and Regions in shaping Patterns of Change.” European Journal of Population.
5
Non-Marital Fertility in Europe 1975
Kluesener, Sebastian, Brienna Perelli-Harris, and Nora Sánchez Gassen. 2012. “Spatial Aspects of the Rise of Nonmarital Fertility across Europe since 1960: The Role of States and Regions in shaping Patterns of Change.” European Journal of Population.
6
Non-Marital Fertility in Europe 1990
Kluesener, Sebastian, Brienna Perelli-Harris, and Nora Sánchez Gassen. 2012. “Spatial Aspects of the Rise of Nonmarital Fertility across Europe since 1960: The Role of States and Regions in shaping Patterns of Change.” European Journal of Population.
7
Non-Marital Fertility in Europe 2007
Kluesener, Sebastian, Brienna Perelli-Harris, and Nora Sánchez Gassen. 2012. “Spatial Aspects of the Rise of Nonmarital Fertility across Europe since 1960: The Role of States and Regions in shaping Patterns of Change.” European Journal of Population.
Overarching Research Question
How and why has cohabitation and childbearing within cohabitation spread
throughout industrialized nations,And what are the consequences for children
and families?
Nonmarital Childbearing Network www.nonmarital.org
Changes in marriage and cohabitation
1. Trends 3. Consequences2. Explanations
Harmonized Histories
Qualitative data
Policy analysis
Focus group research in 10 countries
Survey dataGenerations and Gender Surveys
Survey dataGenerations and Gender Surveys
Legal approaches across Western Europe
10
Brienna Perelli-Harris and Nora Sánchez Gassen“How Similar Are Cohabitation and Marriage? Legal Approaches toCohabitation across Western Europe”Population and Development Review 38(3) : 435–467 (September 2012)
Do state policies influence couples’ choices between cohabitation and marriage?
ORDo states enact new policies in response to changing behavior?
→ Number of policies
→ Approach of policies
Equality between cohabitation and
marriage
Differences between marriage
and cohabitation
Analytical framework
Data
• 9 Western European countries• National level legislation• Legal situation in 2010
during relationship
relationship breakdown
in case of death
Income tax systems
Health insurance
Social Security
Financial maintenance
Adoption and assisted reproduction
Foreigners‘ rights
Alimony
Division of property and household goods
Debts
Remain in deceased partner’s apartment
Survivor’s pension
Inheritance rights and tax
Relationship between partners
19 policy dimensions
Establishment of paternity Joint Custody Naming of children
Unmarried fathersand children
Quantity and Approach of Policies
• Number of laws: Law (explicit)
Law (implicit)
No law
• Coherence of laws: Neutrality towards cohabitation (Neutrality)
Some differences between cohabitation and marriage (In Between)
Completely different rights for cohabiting and married couples (Difference)
Source: Authors’ analyses based on legal documents and literature
Quantity and Approach
Example: Policy database for England
1. During cohabitation
Income taxHealth
insuranceFinancial
maintenanceSocial security
Reproductive technology
Adoptions rights
Residence permit
Acquisition of citizenship
No law No law No law Law (explicit) Law (implicit) Law (explicit) Law (explicit) No lawNEUTRALITY NEUTRALITY DIFFERENCE NEUTRALITY NEUTRALITY NEUTRALITY NEUTRALITY DIFFERENCE
Source: Authors’ analyses based on legal documents and literature
Quantity and Approach
Example: Policy database for England
2. Relationship breakdown
3. After death of one partner
Right to remain in rented appartment
Inheritance rights Inheritance tax Survivor's pension
Law (explicit) Law (explicit) No law No law
NEUTRALITYINTERMEDIATE
POSITIONDIFFERENCE DIFFERENCE
Household goods Assets Alimony Debts
No law No law No law No lawDIFFERENCE DIFFERENCE DIFFERENCE NEUTRALITY
Source: Authors’ analyses based on legal documents and literature
Quantity and Approach
Example: Policy database for England
4. Cohabiting fathers and their children
Legal treatment of cohabitors in England is inconsistent:
Cohabitation is mentioned in some laws; in other policy areas, cohabitants are ignored by the law
Cohabitors share the rights of married couples in some policy areas; in other policy areas, differences remain
Paternity J oint custody Family name
Law (implicit) Law (implicit) Law (implicit)INTERMEDIATE
POSITIONNEUTRALITY NEUTRALITY
Quantity
18Nethe
rland
s - R
Franc
e - R
Norway
Sweden
Nethe
rland
s - U
Austri
aSpa
in
Switzer
land
Franc
e - U
Englan
d
Germ
any
0
2
4
6
8
10
12
14
16
18
No national legislation
No laws
Implicit laws
Explicit laws
Nu
mb
er
of
po
licy
are
as
Number of policy areas in which cohabitation is explicitly, implicitly, or not mentioned in the law, by country
Approach
19Nethe
rland
s - R
Sweden
Franc
e - R
Norway
Nethe
rland
s - U
Engla
nd
Austri
a
Spain
Franc
e - U
Ger
man
y
Switzer
land
0
2
4
6
8
10
12
14
16
18 No national leg-islation
Marriage and cohabitation treated dif-ferently
Intermediate position on marriage and cohabitation
No difference between mar-riage and co-habitation (neu-trality)
Nu
mb
er
of
po
licy
are
as
Number of policy areas in which the approach to cohabitation is similar to marriage (neutrality), different from marriage, or in an intermediate position, by country
Conclusions• Caveats:
– Choice of policy dimensions (single mothers?)– Weighting of different policy areas
• Substantial variation in the extent to which countries have legislated on cohabitation.
• While countries are moving towards legislating cohabitation, marriage remains a distinct institution.
Policy recommendations• Further research is needed to better understand
how or whether policies impact behavior
• Difficult to advocate a particular solution without further knowledge about the consequences of different family structures, and the consequences of those family structures in specific contexts.
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• If laws and regulations are expanded to incorporate cohabitation, what does that imply for the institution of marriage?
• If marriage is no longer the sole state-sanctioned relationship for raising children, will children become irrelevant for decisions to marry?
• As the legal function of marriage becomes less important, will marriage take on different social meanings, such as status symbol or indicator of emotional commitment?
Many questions!