Is long overdue reform of the law in relation to cohabiting couples in sight?
Nearly 1 in 5 couples in the UK now choose to cohabit rather than marry and cohabiting couples are the fastest growing family type in the UK. The concept of “common law marriage” is a myth and there is a misconception that long-term living together offers similar rights to being married.
Cohabitants are treated much like strangers in the eyes of the law, and it is often women who suffer most. With gender pay gaps still a reality, coupled with the fact that many women still sacrifice key years of their career to have children, their earning power is curtailed.
A recent survey by the family law group Resolution, found that nearly half of unmarried couples do not know that they lack certain legal rights should they split up. The poll in which over 550 individuals participated, revealed that 35% said that they would be left homeless and 1 in 3 feared significant financial hardship in the event of a breakup.
Certainly, many of the clients that we see here at Morrish who are in a cohabiting relationship are simply unaware that if a property is in their partner’s name, then they do not automatically have any right to any claim on the property in the event of a breakup. In the survey conducted by Resolution, 8 out of 10 respondents to the survey reported that they were surprised by the lack of legal rights. We see many clients who do not want to get married or feel unable to do so.
Here at Morrish we strongly believe that that choice (or often lack of choice) should not exclude them from legal protection if their relationship comes to an end. We always advise cohabiting couples to prepare a Cohabitation Agreement at the start of any relationship which would formally record the terms of their living arrangements and what, if any, entitlement they have to property and other assets. Couples considering living together and not marrying are advised to gather all the facts about what they would be entitled to on separation and to plan accordingly. Couples can properly arrange ownership in a way that protects them both.
Recent suggestions for reforms to cohabitation law would mean cohabitants meeting certain eligibility criteria indicating a committed relationship would have an automatic right to apply for certain financial remedies if they separate. Couples would be able to “opt out” of this right if they chose to do so.
As it stands, the vast majority of unmarried parents who are the primary carer are not able to secure childcare costs from the other parent to enable them to work. Under the new scheme proposed by Resolution the law would make provision for payments from the other partner for childcare costs. Cohabitants will be able to apply for temporary maintenance to help them adjust to the loss of financial support.
If you would like advice in relation to a Cohabitation Dispute or would like us to prepare a Cohabitation Agreement, then please contact our Family Law department on 033 3344 9600 or email [email protected].
Author: Noelle Heath, family law.
