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Free union
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A free union is a romantic union between two or more persons without legal or religious recognition or regulation.
The term has been used since the late 19th century to describe a relationship into which all parties enter, remain, and depart freely. The free union is an alternative to, or rejection or criticism of marriage, viewing it as a form of slavery and human ownership, particularly for women. According to this concept, the free union of adults is a legitimate relationship that should be respected. A free union is made between two individuals, but each individual may have several unions of their own.
History
[edit]
Much of the contemporary tradition of free union under natural law or common law comes from anarchist rejection of marriage, seeking non-interference of either church or state in human relations.
Leaving behind what was seen as law imposed by man in favor of natural law began during the late Enlightenment, when many sought to rethink the laws of property, family, and the status of women. Utopian socialist Robert Owen (1771–1858), who decried marriage as principally linked to the principle of ownership, offers a foretaste of the free union by use of the term "marriage contract in front of nature." Philosopher and feminist Mary Wollstonecraft (1759–1797) stated, "Marriage is an affirmation of the supremacy of man over woman [...] if I love a man, I want to love him while keeping my freedom." In the 1882, Élisée Reclus initiated the Anti-Marriage Movement, in accordance with which he and his partner allowed their two daughters to marry without any civil or religious ceremony, despite public and legal condemnation. Reclus had four partners throughout his lifetime, each with a different social contract.[1] [2]
In more modern times, free unions were common among members of the Spanish anarchist CNT political party[3] during the popular revolution that ran alongside the Spanish Civil War.[4] The couple desiring contractual validation of their relationship would simple go to the Party Headquarters and request the forms, which would be destroyed if the relationship were to not work out. The couple however, were strongly encouraged to make it work, as separation created administrative work for the party.
Additionally, many leading 20th Century intellectuals, including James Joyce, Pablo Picasso, Jean-Paul Sartre, and Simone de Beauvoir never chose to marry, or delayed it until the end of life for legal reasons. De Beauvoir said of the institution, "When we abolish the slavery of half of humanity, together with the whole system of hypocrisy that it implies, then the 'division' of humanity will reveal its genuine significance and the human couple will find its true form."
Contemporary law
[edit]In French law, the union libre is an agreement between adults which grants rights between parents and potential children, but holds no obligation of sexual fidelity, nor does it grant reciprocal duties and rights between partners.[5]
A free union can be between individuals of any gender, and an individual may have several concurrently,[6] therefore making free union an option for LGBTQ or polyamorous relationships, as well as heterosexual and/or monogamous ones that do not wish to enter the contract of marriage for historical, social, or financial reasons.
United States law has no exact legal equivalent of a free union, although comparisons are often made to common law marriage. In the United States, partners wishing to have legal rights without entering into a marriage contract may choose to complete documents such as a healthcare proxy, domestic partnership agreement, will, and power of attorney.[7] Members of a free union may refer to each other as partners, spouses, or any other title, but may find themselves subject to the laws of common law marriage if they consistently refer to themselves as husband and wife according to their local jurisdiction.
Roman Catholic criticism
[edit]According to Catholicism, the expression "free union" includes situations such as concubinage, rejection of marriage as such, or inability to make long-term commitments.[8] According to the Catechism of the Catholic Church, being in a "free union" is a grave offense against the dignity of marriage,[9] which it sees as a Sacrament.[10] However, proponents maintain that the free union acts as a public recognition of a relationship without the obligations of church or state.
See also
[edit]References
[edit]- ^ Jean-Didier, Vincent (2010). Reclus, geographer, anarchist, environmentalist. Robert Laffont Prix Femina.
- ^ Chardak, Henriette (2006). Reclus: an infernal encyclopaedist!. L'Harmattan, page 119.
- ^ "The Spanish Civil War Documentary 2/6". BBC. 1983. Archived from the original on December 15, 2021.
- ^ Murray Bookchin. "To Remember Spain".
- ^ Legros, Dominique (2013). Mainstream Polygamy: The Non-Marital Child Paradox In The West. Springer Science & Business Media. ISBN 9781461483076.
- ^ Dominique Fenouillet and Francois Terre (2011). Droit civil; la famille.
- ^ "Living Together: Legal & Financial F.A.Q." Unmarried Equality. 2013.
- ^ Catechism of the Catholic Church, 2390
- ^ Catechism of the Catholic Church, 2400
- ^ "Sacrament of Marriage". Catholic Encyclopedia. [www.newadvent.org/cathen/09707a.htm]
External links
[edit]- A Handbook on Open Relationships Archived May 10, 2012, at the Wayback Machine
- Unmarried Equality
Free union
View on GrokipediaDefinition and Characteristics
Core Definition
A free union denotes cohabitation between romantic partners without formal marriage or legal ceremony. This arrangement emphasizes voluntary partnership, shared living, and mutual consent, often mirroring marital roles in daily life such as household management and emotional intimacy, yet eschewing state-sanctioned vows or registration. In sociological terms, free unions arise from personal choice to forgo institutional marriage, potentially driven by ideological aversion to state oversight, economic pragmatism, or cultural norms prioritizing relational autonomy over contractual obligations.[2] Unlike transient dating, free unions generally imply stability and exclusivity akin to monogamy, though variations permit non-monogamous structures without inherent legal enforcement.[4] Partners in free unions retain individual property rights absent marital community property laws, and dissolution occurs informally without divorce proceedings, highlighting the causal primacy of interpersonal agreement over juridical intervention.[5] Empirical data from regions like Latin America, where the term "unión libre" prevails, show such unions comprising 10-20% of adult partnerships in countries such as Mexico and Colombia as of 2020 censuses, reflecting broader trends in delayed or rejected formal marriage amid rising individualism.[6][7] The concept traces etymologically to "unión libre" in Spanish-speaking contexts, denoting consensual cohabitation recognized de facto in civil law for certain rights like inheritance or social benefits, yet fundamentally distinct from matrimony's binding permanence. This form of union underscores causal realism in relationships: sustained by direct incentives like compatibility and shared utility rather than enforced fidelity or societal pressure, though it risks instability without legal deterrents to separation.[8]Key Features and Variations
A free union, or consensual union, consists of two individuals sharing a household and maintaining an intimate, marriage-like partnership without formal marriage registration, ceremony, or religious consecration.[9] Core elements include voluntary co-residence, emotional commitment, sexual exclusivity in most cases, and often joint economic responsibilities, though these lack the automatic legal enforceability of marital vows.[10] Unlike casual dating, free unions typically emulate spousal roles, including potential childbearing and child-rearing, with partners presenting as a family unit to society.[11] Distinguishing traits encompass higher instability compared to formal marriages; data from cross-national studies indicate dissolution rates for cohabiting unions exceed those of marital ones by 20-50% in regions like Europe and the Americas, attributed to weaker institutional barriers to separation.[12] Participants often cite flexibility and avoidance of bureaucratic or financial marriage costs as motivations, with entry typically occurring at younger ages—median age around 25-30 in Latin American cohorts—versus mid-20s to early 30s for first marriages.[13] Legal rights vary: absent specific statutes, partners forfeit default spousal privileges like survivorship benefits or simplified divorce proceedings, though some jurisdictions grant partial protections after prolonged cohabitation (e.g., 2-5 years).[14] Variations arise in duration, socioeconomic correlates, and cultural embedding. Short-term or serial free unions predominate in urban Western settings as precursors to marriage, with 50-70% transitioning to wedlock within 5 years per U.S. and European demographic surveys, whereas lifelong variants persist in rural Latin American contexts as de facto equivalents to marriage.[15] Socioeconomically, they cluster among lower-education and lower-income groups in Brazil and Central America, where prevalence reaches 40-60% of unions, reflecting barriers to formal marriage like costs or documentation; yet upward diffusion occurs, with middle-class adoption rising 15-20% from 1970-2010 amid secularization.[16] [11] In West Africa, prevalence fluctuates from 10-50% across nations, influenced by ethnic norms favoring informal partnerships over institutionalized ones.[17] Gender dynamics differ: Latin American free unions show lower fertility than marriages (1.5-2.0 children per woman versus 2.5+), tied to delayed formalization and economic precarity.[13]Distinctions from Formal Marriage
Free unions differ from formal marriages in their foundational structure, as they lack any required civil registration, religious ceremony, or official documentation, depending solely on the voluntary cohabitation of partners without state intervention.[18] Formal marriages, by contrast, necessitate legal solemnization to establish the union, providing immediate and unequivocal recognition under civil law.[19] This absence of formality in free unions often results in evidentiary challenges for claiming rights, requiring partners to demonstrate the relationship's duration and intent through witnesses or shared assets in court, whereas marriage certificates serve as prima facie proof.[20] Legally, formal marriage confers automatic and comprehensive spousal rights, including inheritance without a will, social security survivor benefits, and joint property regimes from the outset, obligations that bind partners irrevocably until dissolution.[21] In regions like Latin America, where free unions—known as unión libre—are common, some jurisdictions grant de facto recognition after a minimum cohabitation period (e.g., two years in Colombia under Law 54 of 1990), extending limited property division and pension rights but excluding automatic immigration privileges or federal-level uniformity found in marriage.[20] [18] However, these protections vary widely and are not inherent, leaving partners in unrecognized free unions vulnerable to disputes over assets or support.[22] Socially and culturally, formal marriage typically symbolizes greater commitment and receives broader institutional endorsement, including religious sanction in traditional societies, while free unions are often perceived as provisional or associated with lower socioeconomic strata.[19] Empirical data indicate that cohabiting unions, akin to free unions, exhibit lower stability than marriages; for example, U.S. studies show cohabiting parents' relationships dissolve at rates three times higher, leading to elevated instability for children, a pattern observed in Latin American contexts where traditional cohabitation correlates with early union formation and higher breakup risks.[23] [24] Upon dissolution, marriages trigger structured divorce processes with enforceable alimony and custody rules, whereas free unions generally terminate informally without such mandates unless prior de facto status was declared, minimizing but not eliminating potential claims for equitable division.[21] [22]Historical Development
Origins in Pre-Modern Societies
In ancient civilizations, concubinage emerged as a prevalent form of informal union, characterized by cohabitation without the legal formalities, dowry exchanges, or full inheritance rights associated with formal marriage. This practice allowed for stable partnerships when social, legal, or status barriers precluded matrimony, such as between individuals of disparate ranks. Anthropological analyses indicate that most pre-modern societies maintained a distinction between such consensual cohabitations and institutionalized marriages, which often served broader functions like kinship alliances and property transfer.[25] In ancient Rome, concubinatus functioned as a monogamous alternative for groups like soldiers, who were temporarily barred from marriage, or senators partnering with freedwomen of lower status; it involved no dowry and offered limited protections compared to matrimonium iustum. Roman emperors, including Vespasian after his wife's death, openly maintained concubines, highlighting the arrangement's acceptance among elites despite its informal nature. Children from these unions typically lacked automatic inheritance rights, underscoring the causal link between formality and legal privileges in Roman civil law.[25] Classical Greece similarly recognized pallakai (concubines) as companions for daily companionship and household support, separate from wives selected for producing legitimate heirs and forging political ties. Pericles' citizenship law of 451 BCE explicitly curtailed inheritance and civic rights for offspring of concubines, reinforcing the empirical divide between informal unions and formal gamos. In ancient Israel, biblical accounts depict kings like David maintaining concubines alongside wives, as evidenced in 2 Samuel 5:13 and 15:16, where these relationships provided additional progeny without equating to primary marital bonds.[25] These pre-modern examples illustrate free unions' roots in pragmatic adaptations to social hierarchies and legal constraints, predating modern cohabitation by millennia, though they often reflected patriarchal structures limiting women's autonomy relative to formal spouses.[25]19th and 20th Century Shifts
In the nineteenth century, free unions gained conceptual prominence within free love movements in the United States and Europe, where advocates rejected state-regulated marriage as a form of bondage and promoted voluntary, non-legal romantic partnerships based on mutual affection and consent.[26] These movements, originating in the mid-1800s, emphasized individual autonomy over institutional ties, with proponents arguing that free unions allowed for easier dissolution and equality, particularly benefiting women constrained by marital laws.[27] Transatlantic networks of radicals, connected via print media, disseminated these ideas, fostering a community committed to sexual reform and decoupling love from legal enforcement.[28] Prominent figures like Victoria Woodhull in the U.S. exemplified this shift, campaigning for "free love" as essential to women's liberty and running for president in 1872 on a platform challenging marital norms.[29] However, beyond ideological circles, actual cohabitation often stemmed from practical barriers to marriage, such as economic hardship among England's working classes, rather than deliberate rejection of formality; such unions faced intense stigma, with participants labeled as living "in sin."[30] Prevalence fluctuated, appearing more common before 1840 and after 1880 than during the Victorian mid-century, when moral rigor intensified condemnation of non-marital relations.[31] In the United States, the widespread recognition of common-law marriages in most states during the nineteenth century provided partial legitimacy to cohabitating couples exhibiting marital intent, though judicial debates eroded this by the early twentieth century.[32] This legal ambiguity facilitated informal unions without ceremonies, yet formal marriage remained dominant, with cohabitation rates remaining low outside radical or impoverished groups. The twentieth century's early decades saw free unions persist mainly in bohemian, socialist, and avant-garde communities, where they symbolized resistance to bourgeois conventions. World War I accelerated shifts by creating widows, separated partners, and disrupted norms, elevating unmarried cohabitation as a pragmatic response amid high mortality and social upheaval from 1914 to 1918.[33] Postwar literature and discourse in the 1920s further intellectualized free unions, portraying them as modern alternatives, though broad societal acceptance lagged, confined largely to elites or the unconventional.[33] Overall, these periods marked a transition from necessity-driven or fringe practices toward ideologically framed alternatives, setting precedents for later expansions despite enduring legal and cultural barriers to formal equivalence with marriage.Post-1970s Expansion and Trends
Following the social upheavals of the 1960s, including the sexual revolution and widespread adoption of no-fault divorce laws, cohabitation—often termed free union or consensual union—expanded significantly across multiple regions starting in the 1970s. In North America and Western Europe, premarital cohabitation rates among those forming first unions rose from under 10% in the early 1970s to over 50% by the 1990s in many countries, reflecting a shift toward viewing cohabitation as a normative precursor to marriage rather than a fringe practice.[34][35] In the United States specifically, the proportion of young adults aged 18-34 cohabiting increased from 0.1-0.2% in 1968 to approximately 9% by 2018 among certain age groups, paralleling a decline in marriage rates from 59% to 30% over the same period.[36][37] This trend correlated with rising nonmarital births, which climbed from less than 10% of total births in most OECD countries in 1970 to over 30% by 2020.[38] Latin America experienced an even more pronounced "cohabitation boom" during this era, with the share of consensual unions among individuals aged 25-29 in unions surging from 5-20% in the early 1970s census round to 20-50% or higher by 2007 in countries like Brazil, Mexico, and Colombia.[39][40] Regional variations were stark: in some areas, cohabitation prevalence among partnered women aged 25-29 escalated from under 5% in 1970 to 40% by 2000, driven by urbanization, declining Catholic influence on family norms, and economic pressures favoring flexible partnerships over formal marriage.[39] In Panama, for instance, the proportion of such women in consensual unions rose from 13% in 1970 to 72% by 2010 among lower-education groups.[15] Unlike earlier patterns where free unions were concentrated among lower socioeconomic strata, post-1970s growth diffused across education levels, though less-educated populations continued to show higher rates.[41] In Eastern Europe and parts of Asia, expansion was more gradual and uneven, often accelerating after the 1990s amid economic transitions and weakening traditional marriage norms. Cohabitation rates among cohorts born after 1960 increased notably in countries like Russia and Hungary, with premarital cohabitation becoming common by the 2000s, though marriage remained the dominant union form for childbearing.[42] In Asia, adoption lagged behind, with cohabitation remaining rare outside urban elites in nations like Japan and South Korea, where cultural emphasis on formal marriage persisted despite rising delayed unions.[43] Overall, global data indicate that by the 2010s, cohabitation had transitioned from a marginal to a mainstream phenomenon in much of the developed and developing world, often substituting for or delaying marriage, with stability varying by region—higher in Europe than in North America, where half of U.S. cohabitations dissolve within two years.[44][45] This shift correlates empirically with greater female labor force participation and secularization, though causal links remain debated, with some analyses attributing persistence to socioeconomic selectivity rather than inherent union instability.[46]Legal Status Worldwide
Recognition in Latin America
In Latin America, free unions—termed uniones libres, uniones de hecho, or uniones maritales de hecho—receive varying degrees of legal recognition across countries, generally entailing rights to property division, social security, and sometimes inheritance after demonstrating stable cohabitation.[47] This framework emerged from mid-20th-century reforms influenced by civil law traditions and demographic shifts toward cohabitation, with most nations requiring evidentiary proof such as two to five years of shared residence without formal marriage.[47] Recognition does not universally equate to marriage; for example, it often excludes automatic adoption rights unless specified by statute or judicial ruling, and same-sex unions face additional hurdles in conservative jurisdictions despite progressive trends.[47] Colombia exemplifies comprehensive protections under Law 54 of 1990, which defines unión marital de hecho after two years of cohabitation, entitling partners to joint property regimes, pension benefits (without the two-year limit since 2007), and inheritance shares; adoption rights followed a 2015 Constitutional Court ruling, while same-sex recognition dates to 2007 jurisprudence.[47] In Argentina, the Civil and Commercial Code (effective August 1, 2015) acknowledges uniones convivenciales as public and stable without a minimum duration, granting housing occupancy rights and property claims under Article 527, though inheritance and full social security parity remain restricted absent a will or opt-in.[47] Chile's Law 20.830 (effective October 21, 2015) mandates formal registration of acuerdo de unión civil for de facto partners, conferring inheritance, social security, and property rights via a default separation-of-goods regime, applicable to both opposite- and same-sex couples.[47] Further south, Uruguay's Law 18.246 of 2007 recognizes unions after five years of cohabitation, providing inheritance, adoption, and social security entitlements equally to married couples, with same-sex inclusion.[47] Peru's Civil Code (Article 326) stipulates two years of continuous cohabitation for property community akin to marriage, bolstered by Law 30.007 (2013) for inheritance and Law 30.311 for adoption, though same-sex unions lack explicit protection.[47] In Brazil, the 1988 Constitution (Article 226, §3) elevates união estável to familial status equivalent to marriage, with Federal Law 9.278 (1996) regulating property and subsequent rulings extending benefits like pensions and succession; no fixed duration is required if stability is proven.[48] Mexico's approach is decentralized, with federal recognition limited but states like Mexico City permitting concubinato inscription after two years for property and support claims via civil registry.[48]| Country | Key Law/Provision | Cohabitation Requirement | Principal Rights Granted |
|---|---|---|---|
| Colombia | Law 54/1990 | 2 years | Property, inheritance (post-2012), social security, adoption (post-2015)[47] |
| Argentina | Civil Code (2015) | None specified | Property/housing, limited inheritance[47] |
| Chile | Law 20.830/2015 | Registration required | Inheritance, social security, property[47] |
| Uruguay | Law 18.246/2007 | 5 years | Inheritance, adoption, social security[47] |
| Peru | Civil Code Art. 326; Law 30.007/2013 | 2 years | Property, inheritance, adoption[47] |
| Brazil | Constitution 1988; Law 9.278/1996 | Stability proven | Property, pensions, succession[48] |