BMLaw

No Marriage, No Rights: The Plight of Cohabiting Couples

Cohabiting couples are becoming the fastest growing family type in the UK according to the Office of National Statistics, growing from 1,500,000 in 1996 to 3,300,000 in 2017. 

There are many reasons for this trend: some couples who are in long term, stable relationships, nevertheless prefer not to take wedding vows, believing them to be outmoded. Although, it is interesting that whilst civil partnership is an option for same sex couples, many still choose not to enter into a formal commitment. 

Many other couples want to live together for a period before deciding whether to take the big step of marriage or civil partnership.

What are the dangers of cohabitation?

What many cohabiting couples may not realise, whatever the reason for not formalising their relationship, is just how little legal protection they have. 

Many couples continue to believe in the myth of common law marriage and therefore assume that the legal rights and obligations which follow from being married, also apply to them. This could not be further from the truth, as any financial claims which one party may have against the other on the breakdown of the relationship, however long it may have lasted, are very restricted. Essentially their potential claims are restricted to a claim for child maintenance or to a claim under trust law for a share in the house in which they cohabited. 

This lack of protection can result in very real hardship, both financial and emotional and not only when a relationship breaks down, as even on the death of one party, the other can find themselves with no right to claim financial support. 

An example of a case in which the lack of provision caused real hardship is the case of Siobhan McLaughlin who, despite having lived with her partner for 23 years and having four children together, found that on his death, she was denied a bereavement payment and widow’s allowance as they had not been married.   

Sadly, this is not an isolated case as it is estimated that every year, over 2,000 families find themselves in similar harrowing circumstances and with the continuing increase in cohabiting couples, this problem can only intensify. Not surprisingly, family lawyers have been campaigning for a change in the law in order that cohabiting couples are given similar protection and rights to married couples. However, although Parliament is in the early stages of considering a new Cohabitation Rights Bill which aims to give cohabiting couples the same rights afforded to married couples, things are moving slowly and as Brexit continues to consume government time, it is unlikely that there will be a change in the law any time soon.

Is there anything I can do to protect myself?

Until the law does change, it is crucial that cohabiting couples are aware of what rights they have and, more importantly, do not have and so taking advice from experienced family solicitors is a sensible precaution, as it will enable them to make informed decisions to ensure that they are as protected as is possible under the current law.

Buss Murton Law offers a free 30-minute initial meeting to discuss family law matters including cohabitation issues.  Please contact the family department secretary Khaila Reid on 01892 502 335 today to arrange a meeting or email [email protected].