News Alert

No Immediate Change in the Law for Couples Who Live Together

Parliament has blocked an attempt to reform the law to give legal rights to couples who live together but who are not married. With the decline in marriages in recent years, it is estimated that at least one in six couples are unmarried and the number of children born to such couples has continued to increase. Although half the public think that couples who live together have rights, such couples are often left without any legal protection at all if their relationship breaks down. This means no automatic legal rights for a “common law” wife who may have sacrificed her career and finances for the sake of her relationship and the children, regardless of how long the couple lived together. By contrast, the starting point for a spouse on divorce is very often half the property built up during the marriage.

A Private members’ Bill promoted by Resolution, the solicitors family law association, and human rights reformer Lord Lester, would have allowed couples in a committed relationship who have lived together for at least two years or have a child together to apply for certain financial orders if they separated. The Bill’s critics argued that this undermines marriage and civil partnership. However, supporters of the Bill disagreed, as the choice to marry is often based on other reasons, such as emotion or religion. The experience in other countries like Australia, where cohabitation law has been introduced shows no link between increased legal rights for cohabiting couples and the fall in marriage rates. By refusing more Parliamentary time for Committee stage in the House of Lords, the Government has effectively put an end to the Bill. But calls for reform will continue so long as unmarried couples continue to suffer financial hardship as a result of the breakdown of their relationship.

For further information please contact us at family@cumberlandellis.com