Holland Methodist Church

Statement on Common-Law Union

THE METHODIST CHURCH IN THE CARIBBEAN AND THE AMERICAS (MCCA)
COMMON-LAW UNION

 [The following statement, as like others prepared by the MCCA Faith and Order Commission, seeks to inform and provide guidance to members and others on the MCCA’s  position on a social and theological issue to help improve the nexus between what we believe and practise, thus enabling a better churchmanship and witness. The statement: (a) Defines the Issue and the lived reality, (b) Establishes the Biblical and theological perspectives undergirding the MCCA’s position, and, (c) Points to actions to be pursued by individuals/Church to lead to better practice, or the elimination of  dissonance where they exist.]

Common-Law Unions, also referred to as ‘common-law-marriage’ ‘de facto unions’, ‘faithful concubinage’ are one of three types of family unions found in the Caribbean and the Americas, the other two being legal unions and visiting unions.

Common-law unions are entered into by choice and mutual agreement between a man and a woman who take up common residence in the absence of a prior religious or civil ceremony. Nonetheless, in many territories of the Caribbean and the Americas, after a stipulated period, these unions are legally recognized. In addition, various rights of persons in these unions are provided for by legislations that deal with cohabiting relationships and issues such as domestic violence.

This form of cohabitation is inconsistent with biblical tenets and the MCCA’s teaching on marriage: an institution created by God which is a lifelong union between one man and one woman, (Genesis 2:18-25, Mark 10:6-9; Hebrews 13:4). Marriage is the most comprehensive of human relationships encompassing emotional, physical, spiritual, legal and financial dimensions. ‘It fulfils the divine purpose of creation, that the love of a man and a woman should reach fulfilment and wholeness in mutual companionship, helpfulness and care.’ This is the ideal environment for children to grow up in ‘security, responsibility and, goodwill and harmony[1].

The MCCA is aware of the following:

  • That historically, common-law unions have existed in the Caribbean and the Americas; and are today among the family life patterns present within the Church.
  • That some common-law unions provide a stable, emotional and economic family life environment in which children are nurtured.
  • That some persons who are living in these unions have been faithful in their presence and involvement in church activities.
  • That there are situations where one person wishes to be married while the other doesn’t.
  • That immigration and tax systems which favour unmarried persons influence persons to defer marriage.
  • That the incidence of ‘shacking up’ seem to be prevalent in society and is often a precursor to common-law marriage and sometimes to marriage

Some persons who live in common-law unions attest to the ‘freedom’ and the ‘benefit’ of being in such a union. They insist, often based on cultural tradition and economic means, that there is no need for their conjugal relationship to be certified either through a religious or a civil ceremony.

The MCCA, however, is convinced that the joy of obeying God’s Word far outweighs customs and practices based on other cultural traditions, (Proverbs 18:22; John 15:9-11, 1 Corinthians 7:1-2).

The MCCA, therefore maintains its adherence to its biblical and doctrinal standards and convictions, and based on this stipulates that a pastoral response to persons in common-law unions includes, among others, an obligation to:

  1. Encourage persons towards obedience to biblical teaching, conversion to Christ and faithful discipleship, (Luke 14:26-27; Romans 12:1-2).
  2. Encourage persons to choose the path of marital/covenantal relationship instead of common-law union.
  3. Encourage faithful adherence to biblical tenets and MCCA teaching on marriage.
  4. Encourage persons to live wholesome family life, (Ephesians 5:21-27, 6:1-5)
  5. Provide intentional pastoral care, guidance and support to persons who are known to live in common-law unions to enable them to move into a formal marriage.
[1] Prayer Book of the Methodist Church, 1992, p. 223
See MCCA Statement on Marriage, 2015

Re-Affirmed by the MCCA Faith and Order Commission
November 07, 2018, 5.08 p.m.
Jamaica Methodist District Office, Kingston, Jamaica).