Women And Equalities Committee Issues Report On Cohabitation Rights
The Women and Equalities Committee have issued a report on cohabitation rights, urging the Government to change the law to better meet the needs of unmarried couples on separation.
In the 25 years since 1996, the number of couples living together as cohabitants has more than doubled to 3.6 million, representing around 1 in 5 couples living together in the UK today. Despite this, a lack of legal protections means that, upon relationship breakdown, the financially weaker partner has no automatic legal right to ongoing financial support. Instead, they rely on complicated property law and trusts principles and outdated legislation regarding child support.
And yet there remains a common misconception that cohabiting couples automatically gain rights equal to a marriage or civil partnership- the so-called ‘common law marriage myth’. 46% of those in England and Wales assume cohabitants living together form a ‘common law marriage’, rising to 55% of households with children. This erroneous belief can have ‘significant consequences’, with many falsely believing they have legal protections which turn out to be non-existent.
The House of Commons Women and Equalities Committee has issued a report titled ‘The rights of cohabiting partners’, highlighting the risks faced by cohabitants on relationship breakdown or the death of a partner. The report states that the lack of legal protection on family breakdown means that women, including women from an ethnic minority background and those who have had a religious-only wedding, can suffer relationship-generated disadvantage and that there is a need for the law to be adapted to the social reality of modern relationships while still recognising the social and religious status of marriage.
The report calls for the Government to legislate for an opt-out cohabitation scheme, as previously proposed by the Law Commission in its 2007 report ‘Cohabitation: The Financial Consequences of Relationship Breakdown (Law Com 307)’, and for the Ministry of Justice to commission a fresh review of the Law Commission recommendations to see if they need updating. The Committee also supports the Law Commission’s 2011 proposals concerning intestacy and family provision claims for cohabiting partners and calls on the Government to implement those proposals.
In addition, the report recommends the publication of clear guidelines on how pension schemes should treat surviving cohabitants when claiming a survivor’s pension and a review of the inheritance tax regime so it is the same for cohabiting partners as it is for married couples and civil partners. Finally, the recommendations include for there to be a public awareness campaign to inform people of the legal distinctions between getting married, forming a civil partnership and living together as cohabiting partners.
The chair of the Women and Equalities Committee, Rt Hon Caroline Nokes MP, said:
‘The reality of modern relationships is that many of us choose, for a vast number of reasons, not to get married, even when in a committed, long-term relationship. This number is ever-growing and it is high time that the Government recognised this shift in social norms, which has been taking place for well over 30 years. The law has been left decades behind, as far as cohabitation is concerned, and this is leaving financially vulnerable individuals in precarious situations upon relationship breakdown or the death of a partner. It is completely unfair that these individuals have inferior protections to their married or civilly partnered peers. Deciding not to marry is a valid choice, and not one which should be penalised in law. Not only must the Government urgently make legal reforms which would protect those individuals, including an opt-out cohabitation scheme, it must make the public aware that “common law marriage” is a myth. Far too many people are left high and dry upon relationship breakdown, relying on a common belief that turns out to be completely false.’
You can read the full report here: The rights of cohabiting partners (parliament.uk)
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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