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‘Common law marriage’ – a Myth

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A Look at the Injustices of Cohabitation Law:

Attempts to modernise Family Law on cohabitation Common Law Marriage are being backed by Resolution, an organisation of 5,000 lawyers who believe in a constructive, non-confrontational approach to Family Law matters.  Resolution has joined forces with Lord Lester of Herne Hill QC who has introduced a Cohabitation Bill which will end the injustice and financial hardship to thousands of people who live together.

The Bill is not intended to put cohabitants on the same legal footing as those who divorce, but will afford rights to those who have been living together for at least two years or who have children together.

There has, in my experience, been a vastly increased number of enquiries from cohabiting couples whose relationships have broken down. According to the Office of National Statistics, one in six couples in the UK cohabits and this is predicted to rise to one in four by 2031.  Society is now increasingly made up of non-traditional family units, but the current law fails to protect the most vulnerable family members when relationships end.

Despite this, over 50% of people still falsely believe that cohabitants are protected by “common law marriage”.   The concept does not exist.

Lord Lester has said “My Bill represents a new opportunity to deal effectively with this issue, and I am hopeful that the Government and Parliament will support it to prevent more and more people and their children from being faced with poverty and hardship in these troubling economic times”.

It is highly unlikely that there will be any significant change in the law before 2012 and you may need to take steps to protect yourself and your partner now.

Top Tips

  • If you are buying a new home with your partner, or moving into a home your partner already owns, get some advice.
  • Consider drawing up a Cohabitation Contract. This helps you decide what you will each contribute financially towards the relationship and records your intentions at the time.  If you then split up, the agreement can help you do so in an amicable way.
  • Make a Will – without one, your partner will not automatically be entitled to a share in your estate.
  • If you are an unmarried father, ensure that you have parental responsibility for your children

If you have any doubts about your legal position, please feel free to give me a call – 01772 258 321.


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