![\"Jukka](\"https:\/\/www.ekonomit.fi\/wp-content\/uploads\/2024\/10\/JukkaPasanen_400x300px.png\")
<\/figure>\n\n\n\nJukka Pasanen<\/strong>
Attorney at Law, LL.M., and M.Sc. (Econ.), Jurentia Law Firm.<\/p>\n\n\n\n
Being together is often a declaration we make to the outside world: \u201cI\u2019m in a relationship\u201d, \u201cwe are life partners\u201d, \u201cwe live together\u201d, \u201cI am married\u201d, or perhaps even \u201cI am trapped\u201d (depending on the situation and the audience). These terms all describe a form of togetherness, but only a few have legal implications. Marriage and cohabitation – also known as common-law marriage – are recognized forms of relationships in Finland, with marriage carrying significantly more legal weight than cohabitation.<\/p>\n\n\n\n
When in love, does is matter what the government calls your relationship?<\/p>\n\n\n\n
Attorneys help with all kinds of legal matters, including matters of the heart. Marriage, in essence, is an agreement. It is a vow to share a life of hobbies, education, work, possibly children, rocking chairs, wrinkles, and memories. One side of a marriage agreement is a commitment to love, through thick and thin.<\/p>\n\n\n\n
On the back window of my wedding car, on could read that marriage is about \u201cclimbing life\u2019s hills together.\u201d However, you can tackle those hills together in cohabitation as well, no need for a marriage agreement: promises are not only made at the altar.<\/p>\n\n\n\n
From a legal perspective, there\u2019s a difference between marriage and cohabitation. Marriage establishes a marital property regime between spouses. It includes, among other things, each spouse\u2019s right to the other spouse\u2019s property and assets.<\/p>\n\n\n\n
In case of divorce, put simply, the enforcement of marital property rights mean that the less wealthy spouse receives a share of the wealthier spouse\u2019s property, ensuring an equal distribution of assets. This equalization mechanism is called a \u201csettlement.\u201d The wealthier spouse pays this settlement to the less wealthy spouse, resulting in both divorcees having equal wealth.<\/p>\n\n\n\n
This is the general rule, with exceptions like the surviving spouse’s privileged status or fairness and compensation provisions. But we\u2019ll leave those for another time.<\/p>\n\n\n\n
Hard truth to consider: all relationships eventually end, whether through divorce or death. To lighten the mood, let\u2019s add that love lives on forever\u2026if not after divorce, then certainly after death.<\/p>\n\n\n\n
If a marriage ends due to a spouse\u2019s death, the surviving spouse has the right to remain in the shared home, regardless of ownership. The surviving spouse may also inherit if the deceased leaves no direct descendants (e.g., children or grandchildren).<\/p>\n\n\n\n
In comparison, in cohabitation regime, when the partners split, there are rights no settlements, nor residency, nor inheritance.<\/p>\n\n\n\n
The mechanisms described above – property equalization, asset balancing, and protecting a surviving spouse\u2019s position – are specific to marriage. This brief overview highlights how marriage provides distinct legal protections for spouses, unlike cohabitation.<\/p>\n\n\n\n
What does this mean for cohabitation? The main takeaway is that cohabiting partners are not protected by the law the same way married people are in separation or death. Even young cohabiting couples should consider what might happen if the relationship ends. These situations can be easily prepared for, securing rights through agreements and wills.<\/p>\n\n\n\n
There is no universally \u201cright\u201d choice between marriage and cohabitation, each individual must consider their own situation. However, cohabiting partners must be aware that the system does not automatically protect their rights in separation or death. In cohabitation, it\u2019s essential to address these matters proactively and prepare the necessary documents and agreements for the future.<\/p>\n\n\n\n
That said, the most important agreement will always be the one made to one another.<\/p>\n\n\n\n Jukka Pasanen<\/strong> As a member of Suomen Ekonomit -Business School Graduates Finland- you can get legal assistance from Jurentia on both private and business-related legal matters.<\/p>\n\n\n\n Member benefits:<\/p>\n\n\n\n<\/figure>\n\n\n\n
Attorney at Law, LL.M., and M.Sc. (Econ.), Jurentia Law Firm.<\/p>\n\n\n\n<\/div>\n\n\n\n\nMember benefit: Legal support for personal and business matters from Jurentia<\/h3>\n\n\n\n
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