Cohabitation Awareness Week

On Friday 1 December my colleague, Catherine O’Reilly, and I had the pleasure of meeting with our local MP, Cheryl Gillan, to discuss the difficulties faced by cohabiting couples in the event of relationship breakdown and how Parliament can change the law to give cohabiting couples more protection.

Cohabiting couples are the fastest-growing family type in the UK, with more than 6 million people living in these sorts of relationships, representing 17% of all families. Many believe that, in the event of relationship breakdown, they will be protected by rights acquired by way of ‘common law marriage’ – this is a myth. It is possible to live with someone for many years, raise children together, and then simply walk away without taking any responsibility for a former partner if the relationship breaks down.

On the breakdown of a marriage, a Court asked to adjudicate on the parties’ financial matters will consider all of the circumstances of the case and use its broad discretionary powers to do what is ‘fair’, taking into consideration all of the parties’ assets and income. On the breakdown of a co-habiting relationship, the Court will only have jurisdiction to make an order in relation to jointly owned property (in most cases, the family home). The Court will be interested in establishing the legal ownership and considering the parties’ historic dealings to establish their intentions. The cost of the litigation will be high, potentially disproportionately so, and the risk of a costs order will put off many potential claimants.

Unfortunately, my colleagues and I meet with people (more often women) who have or are exiting a co-habiting relationship after a long period of time with no interest in what was their family home, and no claim for an income from their partner or a share in their partner’s savings/pension – even if they stayed at home to raise the children whilst he continued to build his career.

In 2007 the Law Commission recommended affording rights to cohabiting couples, yet we are still waiting for a change to or new legislation. There is a bill, currently awaiting its second reading in the House of Lords and, thanks to Resolutions Cohabitation Awareness Week, Caroline Lucas MP has proposed an early day motion for this issue to be addressed in Parliament. However, changes will not be seen soon, and in the meantime cohabitees must consider taking out basic protections, such as a cohabitation agreement, to protect both partners if they separate, and think about life insurance. It is also important for cohabiting couples to make wills to set out how they would like their estate to pass after their death as there is no automatic entitlement to a share of a deceased partner’s estate should they die without a will.

Contact our family law experts for more advice

If you would like to discuss any aspect of family law, are considering divorce proceedings or a trial separation, or want to draw up a pre or post-nuptial agreement, or a cohabitation agreement, call us in absolute confidence on 03456 381381. Alternatively, email us at familylaw@ibblaw.co.uk.