The ongoing fight for cohabitation law reform – why we won’t give up.
Breaking up with a cohabiting partner can leave you and your children in a financially vulnerable position.
This is why Wards Solicitors is adding its voice to growing calls for urgent legal reform.
Like family solicitors up and down the country, we believe the time for reform is now – despite the government’s decision to ignore vital recommendations made by the women and equalities committee last year.
Why is the need for cohabitation reform so pressing?
In 2021, according to the Office for National Statistics, there were 3.6 million cohabiting couples in the UK.
To this day, many of these couples remain unaware they have inferior legal protection when it comes to finances and property compared to married couples, a recent conference of cohabitation experts in London heard.
The ongoing misconception that common law marriage exists is confirmed by the way society now operates – ‘Lived experience through social security or buying car insurance confirms the myth’ said Anne Barlow, professor of family law at the University of Exeter.
Who does the current legislation let down?
As long ago as 2005, the Law Commission said current law led to injustice for cohabiting couples because it was not designed for them.
It recommended a new, fairer set of financial remedies but in 2011, the coalition government decided not to proceed with these.
The conference in London also heard that women who feel pressurised into religious-only marriages, or other non-legally recognised marriages, could be left financially vulnerable as current law treats them as cohabitants and not married.
What should cohabiting couples do now?
Until the law changes, there are no automatic legal protections for cohabiting couples which means they can be left at a major disadvantage if the relationship breaks down.
Knowing this is key – because then steps can be taken to protect their legal position and that of any children. This includes:
- Taking out a Cohabitation Agreement
- Looking at a Declaration of Trust
- Making and regularly reviewing your Will
Click here to read what we have written on this recently.
Get in touch
Partner Lucia Mills specialises in cohabitation issues between unmarried couples who own property together.
She is experienced in advising cohabiting couples on all areas of the law from how best to protect themselves legally and financially at the start of a relationship through to the importance of making a will and what to do if things go wrong and they part.
Her aim is to help cohabiting couples ensure from the outset that they are protected legally and if a problem occurs, to advise separating couples on how to reach a settlement. She will always avoid going to court if possible.
Lucia is named as a key lawyer by the independent Legal 500 guide for 2023 in which she is described as having ‘an excellent breadth of knowledge as regards disputes over beneficial interests in property due to her TOLATA specialism.’
Email Lucia: Lucia.Mills@wards.uk.com
Call Lucia: 0117 929 2811
Book a free half hour appointment with Lucia by clicking here