Consultation document on reforming law for cohabitants
A fairer end to relationships
How will this effect unmarried couples?
After decades of campaigning by Resolution, the body which represents 6,500 family lawyers and other professionals who support families through separation, the Government has published a consultation paper looking at what changes may need to be made to the laws in England and Wales in order to allow for unmarried couples to have a fairer division of assets when they separate. The paper entitled “A fairer end to relationships: consultation document” has been heralded by Resolution as a ‘landmark move towards fairness for families’.
The then Deputy Prime Minister, David Lammy MP, who was also Lord Chancellor and Secretary of State for Justice has this to say on the consultation:
“The way people form families in England and Wales has changed significantly over the past quarter of a century, reflecting changing patterns of family life. Yet the law hasn’t kept pace with the realities of modern families, leaving many without rights and facing financial hardship. This consultation proposes some of the biggest reforms to family law in decades – bringing the law into the 21st century, helping families feel better off and increasing protections for millions.
Over 3.5 million couples live together without getting married or entering a civil partnership, a number that has more than doubled over the past three decades. Despite this, cohabiting couples and their children have very limited financial protections should a relationship end.
Too often, families are left navigating costly and complex property law that was never designed to meet their needs. These limited rights have real consequences. Victim-survivors of domestic abuse, including economic abuse, may be trapped in unsafe relationships, while children can face instability despite having no say in their parents’ marital status. Bereaved unmarried partners can be left with no inheritance if a partner dies without a will, adding stress to one of life’s most difficult times.”
The Current Law
When a married couple divorce, or a civil partnership is dissolved, in England and Wales, there is a statutory framework that enables the Family Courts to make financial orders to divide the couple’s money and property. By contrast, when cohabitants separate, there is no equivalent overarching statutory framework. Instead, cohabitants may need to rely on provisions that were not designed with their specific circumstances in mind. Any claims by unmarried couples must be made via the civil courts and be based on property ownership, rather than through the Family Courts and be based on the needs of the parties and any minor children of the relationship. On the death of a cohabitant, there are also limited legal entitlements for the surviving partner to inherit the deceased’s estate if not provided for in a Will.
There is no such thing as “common law marriage” in England and Wales, regardless of the length of time a couple has lived together or whether they have children. Despite this, almost half of people (47%) in England and Wales believe such a status exists. This misunderstanding means that many cohabitees are unaware that, when their relationship ends, they have access to only very limited financial provision.
The Case for Reforming the Law
The Government has launched this consultation as part of a wider programme to modernise family law. They are going to look at changes to the law for cohabitants on separation and death and financial arrangements after divorce at the same time because they all aim to make sure the law reflects modern relationships while protecting the most vulnerable. These proposals sit alongside the Government’s work to reform weddings law, making it simpler and more flexible for couples to marry in a way that is meaningful to them. By removing unnecessary barriers to marriage, the hope is to strengthen this important institution. Overall, these reforms are designed to create a clear and cohesive approach to family law that respects personal choice, keeps marriage as a distinct status, and aims to ensure fair outcomes for families. We wait with bated breath to see how this develops in the coming months.
Kerseys Solicitors in Ipswich at [email protected] on 01473 213311 or
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