Argument: The status quo discourages interdependence

The status quo discourages interdependence: the absence of property rights under the status quo encourages unmarried couples to act as individuals, protecting their own financial interests, rather than supporting each other. In UK law, “their relationship with one another is not recognised as having any legal standing, and they have no special status in the eyes of the English legal system” [1] Individuals are usually more able to pursue their own ambitions when they have the support of another. For example, financial support and security makes it easier to take risks which may be economically beneficial, such as setting up a new business, or undergoing further education to improve employment prospects.

[1] http://www.lawontheweb.co.uk/Family_Law/Cohabitation

Candidate 1: "Care can be provided without property rights: as with interdependence, the status quo does not prevent individuals reducing their income to care for others. It merely requires that couples discuss their plans and make provisions to deal with the need to care for children or elderly relatives.

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Candidate 2: "The absence of property rights does not prevent interdependence: the law does not prevent individuals supporting each other or taking risks. However, it requires that couples discuss such plans properly with each other and decide how they wish to structure their own relationships. Expecting all couples, regardless of their circumstances, to support each other financially is unrealistic. Furthermore, it is possible that at the margin some couples may not cohabit in order to avoid having to share their property. These couples will have even less support."
Candidate 3: "Marriage is no longer the only type of serious long-term relationship and the law should reflect this: the absence of property rights on separation for cohabiting couples sends a message to society that cohabitation is a less meaningful relationship than marriage. Marriage has strong religious connotations and was historically a vehicle for the oppression of women. It is consequently unsurprising that some couples may not wish to enter into the institution of marriage. These couples can still have long-term relationships which are just as stable as marriage. Legal rights would help to validate such relationships and recognise the reality of diverse family structures within society. Furthermore, the status quo can be seen to be coercive in that individuals, who may not want to get married, are forced to do so if they wish to have legal rights."
Candidate 4: "Creating legal provisions for property sharing after the end of a cohabitating relationship in no way limits the autonomy of individuals. If anything, the status quo does that. It forces couples to either get married (which they may not want to do) or to sign a cohabitation agreement before the beginning of a relationship (which is a preposterous idea to most couples). By creating a legal way to handle disputes after the end of a cohabitating relationship, the state would offer a middle road between the extremes of marriage and signing an unromantic contract early on."
Candidate 5: "Property rights are not fair: it is up to individuals to protect themselves in the sphere of relationships. Married couples have entered into a state-endorsed relationship which provides advantages (both financially in terms of taxes and inheritance, and through recognition and validation). It is reasonable for the state to require something in return: namely, that the parties are treated fairly, should that marriage end. Moreover, married couples are forced to share their property because they have chosen to commit themselves to each other. When people get married they know what they are signing up to and can therefore be taken to consent."
Candidate 6: "It is unreasonable for the law to expect unmarried couples to plan for when they separate: people within relationships tend to be optimistic about the prospects of their relationships. They do not expect to split up, and most choose cohabitation to see if the relationship is going to work out at all. Making agreements about property at this stage can seem unromantic and unnecessary. USA Today writes: “For young couples who have never been married, cohabiting may seem like a hassle-free way of testing a relationship before tying the knot. And for those who already have been through a divorce, who have children or other significant assets, cohabiting may seem like a way to avoid costly legal entanglements if the relationship doesn't work out.” [1]

[1] http://yourlife.usatoday.com/sex-relationships/dating/story/2011/04/When..."

The absence of property rights does not prevent interdependence: the law does not prevent individuals supporting each other or taking risks. However, it requires that couples discuss such plans properly with each other and decide how they wish to structure their own relationships. Expecting all couples, regardless of their circumstances, to support each other financially is unrealistic. Furthermore, it is possible that at the margin some couples may not cohabit in order to avoid having to share their property. These couples will have even less support.
