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 Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...

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

Much of the contemporary tradition of free union under

natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

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

began during the late

Enlightenment Enlightenment or enlighten may refer to: Age of Enlightenment * Age of Enlightenment, period in Western intellectual history from the late 17th to late 18th century, centered in France but also encompassing (alphabetically by country or culture): ...

, when many sought to rethink the laws of property, family, and the status of women. Utopian socialist

Robert Owen Robert Owen (; 14 May 1771 – 17 November 1858) was a Welsh textile manufacturer, philanthropist, political philosopher and social reformer, and a founder of utopian socialism and the cooperative movement, co-operative movement. He strove to ...

(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 Feminism is a range of socio-political movements and ideology, ideologies that aim to define and establish the political, economic, personal, and social gender equality, equality of the sexes. Feminism holds the position that modern soci ...

Mary Wollstonecraft Mary Wollstonecraft ( , ; 27 April 175910 September 1797) was an English writer and philosopher best known for her advocacy of women's rights. Until the late 20th century, Wollstonecraft's life, which encompassed several unconventional ...

(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 Jacques Élisée Reclus (; 15 March 18304 July 1905) was a French geographer, writer and anarchist. He produced his 19-volume masterwork, ''La Nouvelle Géographie universelle, la terre et les hommes'' ("Universal Geography"), over a period of ...

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. In more modern times, free unions were common among members of the Spanish anarchist CNT political party during the popular revolution that ran alongside the

Spanish Civil War The Spanish Civil War () was a military conflict fought from 1936 to 1939 between the Republican faction (Spanish Civil War), Republicans and the Nationalist faction (Spanish Civil War), Nationalists. Republicans were loyal to the Left-wing p ...

. 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 James Augustine Aloysius Joyce (born James Augusta Joyce; 2 February 1882 – 13 January 1941) was an Irish novelist, poet, and literary critic. He contributed to the modernist avant-garde movement and is regarded as one of the most influentia ...

Pablo Picasso Pablo Diego José Francisco de Paula Juan Nepomuceno María de los Remedios Cipriano de la Santísima Trinidad Ruiz y Picasso (25 October 1881 – 8 April 1973) was a Spanish painter, sculptor, printmaker, Ceramic art, ceramicist, and Scenic ...

Jean-Paul Sartre Jean-Paul Charles Aymard Sartre (, ; ; 21 June 1905 – 15 April 1980) was a French philosopher, playwright, novelist, screenwriter, political activist, biographer, and literary criticism, literary critic, considered a leading figure in 20th ...

, and

Simone de Beauvoir Simone Lucie Ernestine Marie Bertrand de Beauvoir (, ; ; 9 January 1908 – 14 April 1986) was a French existentialist philosopher, writer, social theorist, and feminist activist. Though she did not consider herself a philosopher, nor was she ...

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

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. A free union can be between individuals of any gender, and an individual may have several concurrently, therefore making free union an option for

LGBTQ LGBTQ people are individuals who are lesbian, Gay men, gay, bisexual, transgender, queer, or questioning (sexuality and gender), questioning. Many variants of the initialism are used; LGBTQIA+ people incorporates intersex, Asexuality, asexual, ...

polyamorous Polyamory () is the practice of, or the desire for, romantic relationships with more than one partner at the same time, with the informed consent of all partners involved. Some people who identify as polyamorous believe in consensual non-mono ...

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 Common-law marriage, also known as non-ceremonial marriage, marriage, informal marriage, de facto marriage, more uxorio or marriage by habit and repute, is a marriage that results from the parties' agreement to consider themselves married, follo ...

. 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 In the field of medicine, a healthcare proxy (commonly referred to as HCP) is a document (legal instrument) with which a patient (primary individual) appoints an agent to legally make healthcare decisions on behalf of the patient, when the patient ...

domestic partnership A domestic partnership is an intimate relationship between people, usually couples, who live together and share a common domestic life but who are not married (to each other or to anyone else). People in domestic partnerships receive legal be ...

agreement,

will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...

, and

power of attorney A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person auth ...

. 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

According to

Catholicism The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...

, the expression "free union" includes situations such as

concubinage Concubinage is an interpersonal relationship, interpersonal and Intimate relationship, sexual relationship between two people in which the couple does not want to, or cannot, enter into a full marriage. Concubinage and marriage are often regarde ...

, rejection of marriage as such, or inability to make long-term commitments.''Catechism of the Catholic Church'', 2390
/ref> According to the

Catechism of the Catholic Church The ''Catechism of the Catholic Church'' (; commonly called the ''Catechism'' or the ''CCC'') is a reference work that summarizes the Catholic Church's doctrine. It was Promulgation (Catholic canon law), promulgated by Pope John Paul II in 1992 ...

, being in a "free union" is a grave offense against the dignity of

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...

,''Catechism of the Catholic Church'', 2400
/ref> which it sees as a

Sacrament A sacrament is a Christian rite which is recognized as being particularly important and significant. There are various views on the existence, number and meaning of such rites. Many Christians consider the sacraments to be a visible symbol ...

."Sacrament of Marriage". ''Catholic Encyclopedia''. ww.newadvent.org/cathen/09707a.htm/ref> However, proponents maintain that the free union acts as a public recognition of a relationship without the obligations of church or state.

References

External links

A Handbook on Open Relationships

Unmarried Equality
{{DEFAULTSORT:Free Union Free love Intimate relationships Interpersonal relationships Criticism of marriage

History

Contemporary law

Roman Catholic criticism

See also

References

External links