Cohabiting couples continue to wait for reform
On 6 September the government announced that during this current parliamentary term it would not take forward the Law Commission’s recommendations for reform of the law that applies to cohabitants when they separate.
Many clients wrongly believe that if they have lived together for a certain period of time but have not married that they will still be able to make financial claims against their partner in the event of separation. This is simply not the case and contrary to the popular myth there is no such thing as a “common law marriage”
As the law stands at the moment couples who separate and are not married are limited to pursuing claims in respect of jointly owned property or claims on behalf of children. In limited circumstances claims can also be brought against a property held in the sole name of one party but this is involves making a claim under trust and equity law principles and is notoriously difficult and costly to establish. Unmarried couples have no rights to pursue claims for a share of their former partner’s savings, investments or pensions as would have been the case had they been married. Likewise whilst maintenance claims can be brought for children, there is no entitlement to any maintenance if there are no children or if the children have grown up.
There has been talk for many years about reforming this area of law to give people who live together but do not marry greater legal rights in the event of separation. After the recent Law Commission report which recommended reform it finally appears that a change was on the cards. However it would seem that the government have now kicked this in the long grass and no changes are now expected within the current parliamentary term. There is still a need for reform but one must wonder after so many years of talking about change, will this actually ever happen?
Partner
Family Law
PLancaster@LawBlacks.com
0113 227 9285
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Paul Lancaster
