The topic of legal rights for cohabiting couples has once again surged into the limelight following remarks from Emily Thornberry, the Shadow Attorney General, during a recent Labour conference. As we step into 2024, the conversation around potential reforms in cohabitation law is gaining traction. Could this be the year we see significant changes?
Debunking “Common-Law Marriage”
A widespread misunderstanding persists around the concept of “common-law marriage.” Many believe that living together for a certain period grants couples the same legal and financial protections as those married or in a civil partnership. This, however, is a myth. Common-law marriage does not exist legally, leaving many cohabiting partners without the protections they might assume they have. Shockingly, around 46% of cohabiting couples in the UK are under the mistaken impression that they have these non-existent common-law marriage rights.
The Current Legal Landscape
Despite the number of cohabiting couples increasing by 144% over the last quarter-century, the law in England and Wales has not kept pace with these societal shifts. Under the current statutes, cohabitants, no matter the length of their relationship, do not have the same financial claims as married couples or civil partners. Their claims are limited to property disputes under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) or financial support for children under the Children Act 1989.
This situation often results in significant disadvantages at the time of separation, particularly affecting women and those who have paused their careers to care for children or manage the household. Without legal reforms, one partner may end up financially vulnerable, especially if they have been dependent on the other.
Calls for Change
The House of Commons Women and Equalities Committee recognized these issues and recommended reforms in their August 2022 report, which the government initially rejected. However, Emily Thornberry’s commitment to revisiting these recommendations has rekindled hope for legal change, possibly mirroring the de facto relationship statuses recognized in countries like Australia and New Zealand after a certain period of cohabitation.
What Cohabiting Couples Can Do Now
While broader legislative reforms may still be some distance away, there are proactive steps that cohabitants can take to safeguard their interests:
Legal Agreements: Couples should consider cohabitation agreements to outline their financial and living arrangements during their relationship and in the event of separation.
Wills and Life Insurance: Setting up wills and taking out life insurance policies can provide necessary protections, especially concerning inheritance and financial support for surviving partners and children.
Property Ownership: Ensuring both names are on the title deeds of any jointly owned property can offer a layer of security, alongside declarations of trust in situations where ownership shares are unequal.
The Importance of Legal Advice
Given the complexities and potential pitfalls of the current legal framework governing cohabiting couples, obtaining specialist legal advice is crucial. This support can help partners fully understand their rights and options, providing the best protection possible under existing laws.
As cohabitation becomes increasingly common, the need for legal clarity and protection is more pressing than ever. Whether 2024 will bring the needed reform remains to be seen, but the growing public and political attention to this issue is undoubtedly a step in the right direction. Please note, this post provides a general summary and should not replace personalized legal advice