The number of unmarried couples is growing hugely… but, family law has not caught up… there is NO SUCH THING as ‘common law marriage’.
Imagine your cohabiting relationship of 15 years has just ended. Over that time, you’ve lived, laughed and loved – you’ve had children together, you’ve worked around your childcare commitments, you imagined a future together. But you weren’t ever married.
The stark reality is that the absence of that specific legal commitment means you have no claims against each other’s pensions, or for maintenance for yourself (as opposed to your children), or to share in any property in which you don’t already have an interest. In short, family law gives you no financial claims whatsoever, other than in a representative capacity on behalf of your children.
This has long been considered grossly anachronistic by many family law professionals, given that marriage is becoming statistically less and less common.
Australia and Canada recognise the rights of unmarried cohabitees, so why shouldn’t we… ?
If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.