Government Rejects Calls For Reform Of Cohabitation Law
The government has rejected almost all proposals for cohabitation law reform put forward in the Women and Equalities Committee’s recent report.
The report highlighted the lack of legal protection afforded to cohabiting couples, with Resolution describing their position as one of “legal limbo”.
Key recommendations included an opt-out cohabitation scheme, adoption of a framework concerning intestacy and family provision claims for cohabiting partners, reform to inheritance tax for cohabiting couples, and a public awareness campaign to inform people of the distinctions between getting married, being civilly partnered, and cohabiting.
However, the government said existing work on the law of marriage and divorce must conclude before it could consider changes to the law in respect of the rights of cohabitants.
The government also stated it has no plans to extend the inheritance tax treatment of spouses and civil partners to cohabiting partners, but would keep it under review.
It partially accepted two recommendations on improved support for women in religious communities and improved guidance to make cohabitants more aware of their legal rights – including addressing the myth of the “common law marriage” – but deemed a full national public awareness campaign on these issues unnecessary.
However, many cohabiting couples still believe common law marriage exists. A poll in 2018 of over 2,000 British adults commissioned by Resolution revealed that two-thirds of cohabiting couples remain under the misconception that there is “common law spouse” protection for them on relationship breakdown or death enabling certain rights similar to rights available in marriage.
Many family lawyers and judges, including the former President of the Supreme Court, Baroness Hale, have long called for reform in this area, to reflect the growing popularity of cohabitation in our population as a whole and the need to ensure those leaving long-term cohabiting relationships, particularly where they have children, are not left in situations of real hardship.
Read the government’s full response here: The rights of cohabiting partners.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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