The rights of
non-married
couples
The Cohabitation Rights
Bill recently had its second
reading in the House of
Lords and it has passed
through to Committee
stage. The onwards
progress of the Bill is being
viewed as an important step
towards reform of the law
relating to the legal rights of
non-married couples who
live together.
More and more couples are now
choosing to live together and not marry,
it is estimated that there are currently
2,859,000 cohabiting households in
Britain – so the law in this area has
a massive impact on a significant
proportion of the country.
Many welcome reform as it is felt that the
law as it currently is does not reflect the
standards of modern society. However,
there is concern that the current reforms
proposed don’t go far enough. For
example the current proposals do not
include payments for child care costs
to enable a primary carer parent to
work, which can be a major obstacle for
separating families where the parents
are not married which can cause poverty
and dependence on state benefits.
Resolution, the national body for family
lawyers, is proposing there be a new
cohabitation law, which encompasses
the current proposals before parliament
but goes further. Under Resolution’s
proposals, cohabitants meeting
eligibility criteria indicating a committed
relationship, such as having lived
together as a couple for a minimum
period or having a child together, would
have a right to apply for certain financial
remedy orders through the Court if they
separate. This right would be automatic
unless the couple chooses to ‘opt out’.
The current patchwork of provisions
for non-married couples is often
confusing, illogical and unfair.
So why don’t couples just
get married to protect
their financial position
you might ask? Well
many couples are not
aware of the current
lack of legal rights and
therefore do not see the
need to formalise their
relationship. Financial
incentives and legal
rights are only a partial
explanation of how people
make decisions; social,
personal, emotional and
religious factors also have a
part to play.
At the moment, in the absence
of any automatic legal protection,
non-married couples who are living
together should not leave it until
the relationship breaks down to seek
legal advice, but right from the start
for example when a property is being
purchased to live in, this can prevent
difficulties arising in the future.
If you are thinking about living with
your partner or if you are living with
your partner and aren’t married and
are unaware of your legal position
contact one of our Family Law
Team for advice.
By Gemma Hope
More and more
couples are now
choosing to live
together and not marry
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