Cohabitants now outnumber married couples and it is widely believed unmarried couples have rights to make a claim against their partner, either for money or property.  However, they do not.

In December 2005 civil partnerships were created and now if civil partners split up, they do have remedies like a divorcing couple. But cohabiting couples certainly do not enjoy the same rights and protection generally as others in the event of a relationship breakdown.

The Law Commission, which looks at the need for changes to the law, has looked at this issue and reported in July this year.  They considered the financial consequences of cohabiting couples breaking up.  This could happen because one party dies or merely because the couple part.  The Commission considered:

• If a couple part, should they have the same remedies as a married couple do on divorce?

The Commission recommended that there should be changes. They suggest that couples should be entitled to financial relief on parting, if there are children of the relationship or the relationship has lasted for a minimum period.  (The period suggested was between 2 to 5 years.)  The Commission also said that couples should be free to “opt out” of the entitlement to remedies if they choose.

• If a cohabitant dies intestate, should the surviving partner have automatic rights to inherit?
  
  On inheritance problems it was thought that changes were needed to improve the rights of cohabitants.
  
  
• Should “pre-nup” contracts between cohabitants become legally enforceable if they part?

No clear answer has been given on pre-nuptial agreements, unfortunately.  The gist of the other recommendations suggests such agreements should become enforceable.

These ideas are only recommendations.  The Government may ignore them, (it usually does) but “rights for cohabitants” seems to be an idea whose time has come. If you have any questions on the law as it stands, or on the Commission’s report, please contact William Cowell (wsc@millersands.com) at Miller Sands or phone 01223 202345.

December 07

Information in this article is intended to be used for guidance purposes only.  It does not constitute legal advice.  Detailed specialist advice should be sought before taking any action as a result of the information in this article.