On the horizon: New Legal Protections for Cohabiting Couples
The government has opened a consultation on the law relating
Written by
Maria Endall · Partner
The government has opened a consultation on the law relating to cohabiting couples for whom, as the law currently stands, have less legal and financial rights than married couples.
Members of Resolution have long campaigned for greater legal protections for cohabitees. People have long thought of long-standing cohabitees as ‘common-law husband and wife’ but the concept simply does not exist in law and is a societal myth. Therefore, when cohabitees separate, irrespective of how long they have lived together, whether they have children, there has been domestic abuse, or one party is left in a particularly financially vulnerable position, they have not had the same legal rights as married couples. This can often come as a shock for our clients who for some have been in a cohabiting relationship for many years and believe they have accrued interests in property, finances and inheritance by virtue of that relationship, but who haven’t because they were not married.
It is understood that the new proposals would apply to people who have lived together for at least 3 years or have a child together and that they would include making nuptial agreements legally binding; giving greater weight to the impact of domestic abuse; and giving couples automatic inheritance rights if their partner dies without a will.
If you are in a cohabiting relationship or contemplating entering into one and would like to understand more about your legal rights and what mechanisms are currently available to protect your financial position, then contact a member of our Family Law Team.
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This article is for general information only and does not constitute legal advice. The law may have changed since publication. Please contact us for advice on your own circumstances.
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