FROM ‘DE FACTO’ TO ‘DE JURE’
by Kameel Majdali
FROM ‘DE FACTO’ TO ‘DE JURE’:
Finding Legitimacy in an Immoral World
By Kameel Majdali
‘Marriage should be honoured by all, and the marriage bed kept
pure, for God will judge the adulterer and all the sexually immoral.’
Hebrews 13:4
DE FACTO: Existence without legal or ecclesiastical recognition or
sanction.
DE JURE: Existence by right according to law.
A clerk handed an overseas tourist her visa application.
Immediately her eye spotted the section called ‘Marital Status,’ from
which she could choose one of five options. These included:
[ ] Single;
[ ] Married;
[ ] Divorced;
[ ] Widowed; and...
[ ] De Facto.
Unclear on the last option, she asked the clerk what it meant. “De
facto is when a couple lives together without being married,” he
replied. “Oh,” she blurted out, “where I come from, we call that
‘living in sin.’”
Cohabitation or ‘The De facto Factor’:
One of the disturbing, yet prevalent, trends in the western world is
the practice of de facto relationships, also known as ‘cohabitation’
(Note: these terms will be used interchangeably). Whether you call it
‘de facto’, ‘living in sin’, ‘live-in girlfriend’, ‘cohabitation’,
‘common law’, or even ‘trial marriage’, a generation ago it was the
exception; it was considered unacceptable, even wrong.
Today this phenomena is on the rise and considered a legal status.
One recent statistic in Australia suggested that a whopping 80% of the
couples that wed in a single year have lived together in a de facto
relationship prior to the wedding (2014, cited by the Australian
Bureau of Statistics).[1] A (liberal) Christian denomination in 2001
struck premarital sex and de facto relationships off their sin list,
as part of being ‘consistent with society’s ways.’
Acceptance of de facto-living came as a gradual process with the
rise of secular humanism and decline of Judeo-Christian moral
standards. The culture wars, sexual revolution, contraceptive pill,
abortion on demand, postmodernism with its denial of absolutes, have
all contributed to this situation. No doubt Hollywood has played a
major role in the proliferation of cohabitation. Glamorous high
profile actors, usually after one or more failed marriages, move-in
with another famous movie star, father children and live a celebrated
lifestyle, egged on by gossip columnists who offer bite-size
installments for news-hungry, celebrity-obsessed fans.
Three Types of De facto Relationships:
For Most, A Temporary Arrangement: Motivations for cohabitation seem
to follow several streams. The first involves those who have never
married and have no intention of doing so. They want readily available
sex, shared financial resources, and companionship in the home. These
living arrangements tend to be temporary; only 18% of these will be
together after 5 years. This attitude can be described as a ‘de facto
spirit’, meaning they want the privileges and pleasures of marriage
without the commitment and responsibility.
Never married but want to:
The second type are also those who never married and are interested in
eventual marriage but have a ‘try before you buy’ mindset.
De Facto before Remarriage:
Third are those who have undergone divorce, suffer from the ‘once
bitten, twice shy’ syndrome, and hence choose a de facto relationship
as a necessary precursor to remarriage (if there is to be a marriage).
Some older couples may choose to live together outside of marriage so
as not to endanger any pension entitlements. Others, afraid of giving
up their freedom and identity, choose to cohabitate with their
boyfriend or girlfriend. If things don’t work out, they reason, all
one needs to do is ‘move out’ without all the complications divorce
brings. It’s that simple. Is it? (Short answer: No)
Are There Any Benefits?[2]:
Just because something is commonplace and permitted by society does
not make it healthy and right. After all, cigarette smoking is legal
but it can cost your thousands of dollars a year and have a
detrimental effect on your health. Gambling also is legal and look at
the trail of trouble and sorrow it has left.
Some claim that a de facto relationship helps prepare a couple for
marriage and prevents divorce. Does it? Research suggests otherwise:
couples that live in a de facto relationship before marriage are more
likely to divorce than couples that wait until marriage. One statistic
said that of couples who were married twenty years or more, 56% of
those who lived as a de facto couple before marriage ended up in
divorce, while 29% of those who never cohabited before marriage ended
up in divorce. According to the Jubilee Report on cohabitation: ‘The
idea that first cohabitations that lead to marriage do not result in
an increased rate of divorce is not reflected by this data set: prior
cohabitation with a spouse is associated with 60 per cent higher risk
of divorce.
Another study concluded that 75% of married couples were still
together when their child turned 16; only 7% of de facto couples can
make the same claim. That’s a ten-fold increased for the married
couples. In Britain, the direct annual cost of family breakdown is GBP
41.7 billion. The Daily Mail Online, ‘Married Parents Ten Times More
Likely to Stay Together,’FROM ‘DE FACTO’ TO ‘DE JURE’:
Finding Legitimacy in an Immoral World
By Kameel Majdali
‘Marriage should be honoured by all, and the marriage bed kept
pure, for God will judge the adulterer and all the sexually immoral.’
Hebrews 13:4
DE FACTO: Existence without legal or ecclesiastical recognition or
sanction.
DE JURE: Existence by right according to law.
A clerk handed an overseas tourist her visa application.
Immediately her eye spotted the section called ‘Marital Status,’ from
which she could choose one of five options. These included:
[ ] Single;
[ ] Married;
[ ] Divorced;
[ ] Widowed; and...
[ ] De Facto.
Unclear on the last option, she asked the clerk what it meant. “De
facto is when a couple lives together without being married,” he
replied. “Oh,” she blurted out, “where I come from, we call that
‘living in sin.’”
Cohabitation or ‘The De facto Factor’:
One of the disturbing, yet prevalent, trends in the western world is
the practice of de facto relationships, also known as ‘cohabitation’
(Note: these terms will be used interchangeably). Whether you call it
‘de facto’, ‘living in sin’, ‘live-in girlfriend’, ‘cohabitation’,
‘common law’, or even ‘trial marriage’, a generation ago it was the
exception; it was considered unacceptable, even wrong.
Today this phenomena is on the rise and considered a legal status.
One recent statistic in Australia suggested that a whopping 80% of the
couples that wed in a single year have lived together in a de facto
relationship prior to the wedding (2014, cited by the Australian
Bureau of Statistics).[1] A (liberal) Christian denomination in 2001
struck premarital sex and de facto relationships off their sin list,
as part of being ‘consistent with society’s ways.’
Acceptance of de facto-living came as a gradual process with the
rise of secular humanism and decline of Judeo-Christian moral
standards. The culture wars, sexual revolution, contraceptive pill,
abortion on demand, postmodernism with its denial of absolutes, have
all contributed to this situation. No doubt Hollywood has played a
major role in the proliferation of cohabitation. Glamorous high
profile actors, usually after one or more failed marriages, move-in
with another famous movie star, father children and live a celebrated
lifestyle, egged on by gossip columnists who offer bite-size
installments for news-hungry, celebrity-obsessed fans.
Three Types of De facto Relationships:
For Most, A Temporary Arrangement: Motivations for cohabitation seem
to follow several streams. The first involves those who have never
married and have no intention of doing so. They want readily available
sex, shared financial resources, and companionship in the home. These
living arrangements tend to be temporary; only 18% of these will be
together after 5 years. This attitude can be described as a ‘de facto
spirit’, meaning they want the privileges and pleasures of marriage
without the commitment and responsibility.
Never married but want to:
The second type are also those who never married and are interested in
eventual marriage but have a ‘try before you buy’ mindset.
De Facto before Remarriage:
Third are those who have undergone divorce, suffer from the ‘once
bitten, twice shy’ syndrome, and hence choose a de facto relationship
as a necessary precursor to remarriage (if there is to be a marriage).
Some older couples may choose to live together outside of marriage so
as not to endanger any pension entitlements. Others, afraid of giving
up their freedom and identity, choose to cohabitate with their
boyfriend or girlfriend. If things don’t work out, they reason, all
one needs to do is ‘move out’ without all the complications divorce
brings. It’s that simple. Is it? (Short answer: No)
Are There Any Benefits?[2]:
Just because something is commonplace and permitted by society does
not make it healthy and right. After all, cigarette smoking is legal
but it can cost your thousands of dollars a year and have a
detrimental effect on your health. Gambling also is legal and look at
the trail of trouble and sorrow it has left.
Some claim that a de facto relationship helps prepare a couple for
marriage and prevents divorce. Does it? Research suggests otherwise:
couples that live in a de facto relationship before marriage are more
likely to divorce than couples that wait until marriage. One statistic
said that of couples who were married twenty years or more, 56% of
those who lived as a de facto couple before marriage ended up in
divorce, while 29% of those who never cohabited before marriage ended
up in divorce. According to the Jubilee Report on cohabitation: ‘The
idea that first cohabitations that lead to marriage do not result in
an increased rate of divorce is not reflected by this data set: prior
cohabitation with a spouse is associated with 60 per cent higher risk
of divorce.
Another study concluded that 75% of married couples were still
together when their child turned 16; only 7% of de facto couples can
make the same claim. That’s a ten-fold increased for the married
couples. In Britain, the direct annual cost of family breakdown is GBP
41.7 billion. The Daily Mail Online, ‘Married Parents Ten Times More
Likely to Stay Together,’
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