Plans to reform inadequate and outdated cohabitation law are expected to move forward this year.
Changes to the laws on cohabitation have long been called for by family lawyers with current legislation failing to represent some of the most vulnerable in failed relationships.
Lindsey Canning, head of family law at Wake Smith, discusses the Government’s potential plans.
Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or intimate relationship, on a permanent basis.
Currently, the rights that couples may have as cohabitees are different, and more limited, compared to those which married couples have upon a separation.
There is still a misconception that having lived for a period of time, and having children with a partner, you are entitled as a “common law spouse” but these couples are not treated as if they are married, even after they have lived together for a certain amount of time. Common law spouses do not exist.
Living together without being married or being in a civil partnership means you do not have many rights around finances, property and pensions. The best option is to consider getting a cohabitation agreement to define your interests and to make a will.
What is a cohabitation agreement?
Currently, couples who live together, but are not married, can enter into a Cohabitation Agreement to set out what they wish would happen in the event of a separation.
A bespoke Cohabitation Agreement can be entered into at any time, but better agreed before the cohabitation begins and adapted to suit the couples’ specific needs.
The Cohabitation Agreement must be:
- Entered into freely and voluntarily
- With independent legal advice
- legally prepared in the form of a deed
- Signed by both parties
- Kept up to date with changes including property purchases, children.
Lindsey said: “Reform is long overdue and much needed for this type of family. The current legislation is confusing.
“The formal consultation on the issue is due to be launched this year which will build agreement on what reform should look like. This could see legal rights and protections strengthened for cohabitating relationships.
“How the potential reform unfolds will be interesting, and how the rights of unmarried couples will be defined against those, which currently exist, for married couples.”
It is estimated the number of cohabiting couples in the UK has risen from approximately 1.5 million in 1996 to over 3.6 million today.
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