New rights could ease heartache for unmarried couples

Government proposals to improve the legal rights of unmarried couples could prevent heartache and hardship for thousands of people, according to family law specialists.

Catherine Wenborn, of Andersons Solicitors in Nottingham, says under the present system both men and women can suffer unnecessarily when their relationships break down.

“Many people who co-habit are under the impression that they have the same protection in law as a married couple.

“This is not true but thousands of people don’t find out until it’s too late. There is no such thing as a common marriage and so co-habiting couples are in a far more vulnerable position than their married counterparts when it comes to things like pensions, inheritance and maintenance.

“There are lots myths about this. For example, many women think they are automatically entitled to financial support from their partner if they break up but they are not.”

“We come across cases where women who’ve lived with a man for 20 years yet they end up with virtually nothing when the relationship breaks ups up or he dies without making a will.

“Men can also lose out because unmarried fathers don’t necessarily have the same rights when it comes to access to children.
There are currently more than four million people living together as couples without marrying. Some make living together agreements which offer some legal protection but most do nothing at all to formalise their relationship
The government’s law reform body, the Law Commission, has now put forward recommendations which give co-habiting couples similar rights to those of married couples and those in civil partnerships.
The Commission’s consultation paper suggests that co-habiting couples who split up should be able to make the same financial claims as divorcees, although on a less generous basis.
The commission suggests the rights should apply to those who have lived together for a certain qualifying period, perhaps two years, or to those who have a child.
The recommendations are still at the consultation stage and the government plans to introduce a bill next year.
Catherine Wenborn is Head of the Family Law Team at Andersons Solicitors in Nottingham and can be contacted on 0115 988 6717 or email: cwenborn@andersonssolicitors.co.uk.