Resolution has welcomed the Government’s landmark announcement on cohabitation reform, describing it as an important move towards addressing the long-standing inequalities faced by cohabiting couples when relationships break down in England and Wales.
For many years, the law relating to cohabiting couples has remained largely unchanged and has been widely criticised for failing to keep pace with the realities of modern families, leaving many without rights and facing financial difficulties.
Following announcement of the government’s consultation, reform may now be in order. The proposals seek to strengthen the rights and protections available to cohabiting couples and to establish a fairer legal framework for cohabitants in the event of separation.
Resolution has long campaigned for reform to ensure that more than 3.6 million cohabitating families get legal protection they urgently need following the relationship breakdown.
What is the current position on cohabiting couples?
Unlike married couples, cohabiting couples do not have the automatic rights over finances and property as married couples or civil partners. Many people mistakenly believe that living together and/or having children together entitles them to the same rights as those who are married and that they are protected under the concept of a ‘common law marriage’. There is no such thing as a common law marriage in England and Wales. This can come as a surprise, particularly for couples who have been together for many years. Essentially, it means that following separation you have no automatic right to: –
- property, pensions or savings
- financial support from your partner
- if one party dies without a will, you are not automatically entitled to inherit
What are the proposed reforms to cohabitation rights?
The consultation will look at reforming the law for cohabitants on separation.
Under the current law, cohabitants are often left facing significant financial difficulties upon the breakdown of the relationship, disproportionately affecting women in particular, children and victim-survivors of domestic abuse.
The consultation paper, is anticipated to seek views on proposed reforms in a range of areas alongside protection for cohabitants at the end of their relationships, including financial remedies on divorce, and what happens when cohabitants die without leaving a will.
The government has invited views on introducing a statutory framework of the rights and protections for eligible cohabitants upon separation.
The proposed framework would give the court access to a broad range of remedies, including property adjustment orders, lump sum and pension sharing orders. The court would also have access to maintenance orders, although the Government proposes these would only be available in exceptional circumstances
Who would qualify for the proposed protections?
It is proposed the cohabitants who would qualify for protections must have lived together for at least 3 years or share a child together in order to be eligible to be considered for the proposed legal protections.
What can unmarried couples do to protect themselves now?
It is never too early to seek legal advice from a specialist family lawyer on the steps you can take to prepare yourself and practical steps you can take to protect your position in the event of separation. When you are not married, you are not legally recognised as a couple which makes it challenging in claiming a share in the family home or your partner’s finances if you separate.
One of the most effective ways in which cohabiting couples can protect themselves is by entering into a Cohabitation Agreement. Entering into a Cohabitation Agreement is a legally binding document that sets out each parties rights, responsibilities and expectations regarding property, finances and other arrangements if the relationship ends. A Cohabitation Agreement can provide clarity, certainty and security for both parties.
Contact us
If you would like further advice on cohabitation rights or protecting your financial position, please get in touch here to arrange your free 30-minute initial consultation with one of our family law specialists.