Are we to see new rights for cohabiting couples?
Two years ago I wrote about plans being discussed to introduce legislation that would give cohabiting couples who break up similar rights to married couples.
The plans have still not been introduced (they were put on hold by the Labour government for fear of undermining the institution of marriage), but all that could be about to change after Britain’s most senior family judge said cohabiting couples should get new legal rights to share property and money.
Sir Nicholas Wall, president of the Family Division, said women in particular were receiving unfair settlements when a partnership ended.
Describing the current situation as an “injustice” he insisted any legal changes would not undermine the institution of marriage and could still be judged on a case by case basis taking into account the length of the relationship and how much each partner contributed.
Although there are around 2.3 million couples living together in England and Wales, with one in four children born out of wedlock, common law spouses do not have specific legal rights.
It’s thought more than half of these couples wrongly believe they are protected by the law. Instead they must pursue other legal avenues to determine how assets are divided.
Pressure to change law has been mounting since the Civil Partnership Act was passed in 2004 which provides gay couples with legal rights covering inheritance, tax benefits and next-of-kin-recognition similar to those accorded to married couples.
In 2009 the Law Commission called for unmarried couples who lived together for two years to be automatically entitled to at least half of their partner’s estate if they died intestate (put simply, without a will).
It had earlier proposed for cohabiting couples to be given a legal right to a financial settlement on separation. It said that one partner should be entitled to a share of the other’s wealth, or financial support, if they have given up work to look after the home or children and suffered financial disadvantage because of it.
The rules would apply only to couples who have had a child together or who have shared a household for a minimum period.
Sir Nicholas says he is “disappointed” the Coalition Government had not pledged to implement the reforms, though an announcement regarding cohabitees’ rights will be made “in due course”, according to The Ministry of Justice.
Until the law does change you may need to take steps to protect yourself and your partner now, if you are cohabiting. Here are my 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, call Liz Hebden on 01772 258321.
My partner of 29 years and father of my 2 children was caught having an affair in June last year, having barely any contact with myself or our children since, recently requested a meeting and told me I was entitled to nothing unless he decided to give it to me (our home was put in his name) His attitude has been very bullying and he’s behaved as if he’s the wronged party and our breakup is my fault for checking up on him.
This situation cannot surely be right and I’m sure that there are many many people in my position. I was advised by a lawyer friend that I could change the locks and squat (in my own home)
I fully understand and appreciate the comments that you have made. Like yourself, as lawyers, we are also frustrated at the lack of progress in the law relating to cohabitation. It is very unfair that someone who has been in a long term relationship could end up leaving with absolutely nothing. Change is needed and sooner rather than later.
I have been cohabitating with my partner John for 20 years. We have 3 children together. I gave up a career to bring up the children whilst my partner was able to carry on working and start up a business. Whilst I have no intention to split he is not the marrying kind and I do feel vulnerable as I approach my mid fifties. I own a small commercial property but do not have ownership of the family home. I think the rules for England and Wales are very outdated and we should look at Scotland and now Ireland to give some rights to long term cohabitants. I feel so sorry for Miss Curran who has been left penniless after she split up from her partner. I think its outrageous that the law is so unfair and out of date. Its time the law society really
pushed and bullied the government to make changes. There are increasing numbers of people finding themselves in a bad position, especially women and children. Changes must be made and soon. This hot potato must be held and dealt with.
This is not about undermining marriage it is about what is fair!