Government rejects calls for legal protection for cohabiting couples

The government has ruled out introducing changes to family law to provide greater protection for cohabiting couples.

Amy Fallows Senior Associate Solicitor & Head of our Family Law team reports.

Family lawyers have been pressing for more protection because many people still believe there is such a thing as common law marriage giving them the same legal protection as married couples.

Unfortunately for them, this is not true. Cohabiting couples have very few automatic rights and this can cause numerous problems.

For example, if your home is in your ex-partner’s name you will have no automatic right to stay there if you are asked to leave. Nor will you automatically be entitled to a financial share in the house, even if you helped to pay for it over several years.  

If you are cohabiting you should also remember that your partner won’t have to pay maintenance for you if your relationship ends, even if you gave up your job to look after the children while he or she went out to build a lucrative career. They will, however, have to help support any children you have together.

The House of Commons women and equalities committee pressed the government to introduce legal protections for cohabiting couples by adopting measures put forward by the Law Commission 2007.

The government says it has no plans to do so. A spokesman said there is an ongoing study on the law of marriage and divorce that will need to be completed before any changes for cohabitants can be considered.

A spokesman for the family law group Resolution said: “The lack of rights for cohabiting couples means millions of people – often women and others in society who are vulnerable – are at significant financial risk if their relationship ends or their partner passes away.

“Having bad laws is generally a bad thing for families. Current cohabitation laws are unfair, not fit for purpose and consign too many families to misery and dire financial hardship. It will continue to do so until it has been reformed, exacerbated by the significant numbers who continue to cohabit.”

Many couples protect themselves by drawing up living together agreements which state in advance how their assets should be divided if they eventually separate. 

This can prevent disputes later if the worst does happen, although many couples find that the process of drawing up an agreement strengthens their relationship because both sides feel more secure and settled.  

If you would like more information about cohabitation agreements or any aspect of family law please contact Amy on 01228 516666 or click here to send her an email.