Myth busting “common law marriage”: Cohabitants in the UK and the need for Cohabitee reform.
Moving in together is now seen as a natural next step for many couples and is no longer necessarily seen as a pre-cursor for marriage. Cohabitants are an ever-increasing family type, with numbers increasing by 137% between 1996 and 2020.
Therefore, it is unsurprising to note that many couples entering cohabiting relationships are unaware of their legal rights due to the commonality of their family-type. Though awareness has increased somewhat, many couples still believe that by virtue of their status as unmarried partners living together, they are automatically afforded legal protection in the event of a death or separation; however, this could not be further from the truth.
As an increasing number of couples are finding out, even in extremely long term relationships, if the relationship ends or a partner dies. Cohabitants do not have the same legal status as married couples in regards to financial remedy and financial claims.
It is a commonly known myth that this relationship status essentially renders partners as “common law married” and this is often seen as connected to the length of the relationship or the presence of children from the partnership. However, no such status is afforded to families of this kind in England and Wales. Which is creating a need for cohabitee reform.
Therefore, it is of paramount importance to cohabiting couples to carefully consider their legal position, as discussed below, prior to entering a cohabiting relationship.
Property Ownership
In the event of a separation, when both partners own the property in joint names, the most common variety of claim before the courts is how to best divide the property when there is a dispute in relation to contributions to the property.
For married couples, the court has wide discretion to resolve these disputes; however, this does not extend to unmarried couples. Unmarried couples often face significant challenges in proving their contributions to the property and securing a fair division of assets.
Financial Settlements
There are no statutory rights to financial support for cohabitees after separation, unlike in divorce or civil partnership dissolution. This can leave one partner financially vulnerable, especially if they have sacrificed their career or income for the relationship. In such cases, the lack of legal recognition of non-financial contributions, such as homemaking or childcare, can result in severe financial hardship for the disadvantaged partner.
Current Legal Framework for Cohabitees
In the UK, cohabiting couples do not enjoy the same legal rights as married couples or those in civil partnerships. The key areas where cohabitees lack protection include:
Property Rights: Cohabitees or couples that live together have no automatic right to share in the property owned by their partner unless they are joint owners. This means that if the relationship breaks down, one partner may be left without any claim to the home they lived in. This is even the case if the couple have lived together for a long period of time, even decades.
Financial Settlements: There are no statutory rights to financial support for cohabitees after separation, unlike in divorce or civil partnership dissolution. This can leave one partner financially vulnerable, especially if they have sacrificed their career or income for the relationship.
Parental Rights: While both parents have responsibilities towards their children, issues can arise regarding custody and financial support. Unmarried fathers, in particular, may find it harder to assert their parental rights without formal agreements in place.
The Need for Reform
The number of cohabiting couples has surged in recent years, bringing to light the inadequacies of the current legal framework. Many cohabitees are unaware of their limited rights until they face a relationship breakdown. Experts argue that the law needs to catch up with societal changes to provide fairer protection for cohabitees. Key points include:
Statistical Data: Highlighting the rise in cohabitation.
Common Legal Issues: Examples of the legal challenges cohabitees face, such as disputes over property ownership and financial support.
Comparative Analysis: Looking at how other countries, like Scotland and Canada, handle cohabitee rights, offering more comprehensive protections.
Proposed Reforms
Several proposals have been put forward to address the gaps in cohabitee law. These include:
Property Rights: Proposals to allow cohabitees to have a fair share of property acquired during the relationship. This would involve legal recognition of both financial and non-financial contributions to the home.
Financial Support: Introducing rights to financial support similar to those available to married couples. This would help ensure that one partner is not left financially disadvantaged after a separation.
Parental Responsibility: Ensuring both parents have clear rights and responsibilities towards their children. This includes simplifying the process for unmarried fathers to obtain parental responsibility.
Legal Advice for Cohabiting Couples
While the law is in flux, there are steps cohabiting couples can take to protect themselves:
Cohabitation Agreements: These agreements outline each cohabiting partner’s rights and responsibilities, including how property and finances will be divided if the relationship ends. They can also cover arrangements for children.
Relationship Breakdown: If the relationship ends, it is crucial to seek legal advice to understand your rights and options. Mediation can help resolve disputes amicably and avoid lengthy court battles.
Conclusion
Understanding cohabitee law is crucial for protecting your rights and interests. Staying informed about potential reforms can help cohabiting couples navigate their legal standing more effectively. For personalized advice, it is always best to consult with a legal expert.
About Zeus Family Law
Our firm specialises in family law, including matters related to cohabitation and relationship breakdowns. We offer comprehensive services to help you navigate the complexities of cohabitee law and ensure your rights are protected. Our experienced team can assist with drafting cohabitation agreements, providing advice on property and financial disputes, and supporting you through relationship breakdowns.
If you have any questions or need legal assistance, please contact us today to schedule a free initial consultation. We are here to help you protect your interests and secure your future.
