NEW LAWS FOR UNMARRIED COUPLES
A couple of weeks ago the government launched a consultation ‘A Fairer end to relationships’ looking at how the law doesn’t protect the more than 3.5 million couples who live together without getting married or entering a civil partnership. Cohabiting couples are the fastest-growing family type in the UK and for many couples, life looks and feels the same as marriage, sharing a home, raising children and building a future together. There is no such thing as common-law spouses: unmarried couples do not have the same rights as married couples however long they live together or if they have children. This means:
- There are no automatic rights to property, pensions or savings if you separate
- There is no automatic right to financial support from your partner
- If your partner dies without a will, you’re not automatically entitled to inherit
This gap in the law can have a real impact at difficult moments, particularly for those who are more financially dependent or who have taken on caring responsibilities, such as raising children. In many cases, that disproportionately affects women. Often I’m only having these conversations at the end of a relationship when it’s sometimes too late to protect one parties’ financial position.
The consultation is open until August and seeks views on how we can build a fairer legal framework for cohabitants: one that reflects the realities of modern family life and safeguards the most vulnerable, while retaining the distinct nature of marriage and ensuring the law works for those getting a divorce, offering them what they need at difficult times in their lives and extending dedicated rights to unmarried couples to reflect the government’s commitment to supporting strong and stable family relationships in all their forms. They want to hear from everyone: legal professionals, academics, charities, interest groups and members of the public. Your views will help shape a system that is fairer, clearer and better equipped for the society we live in today. consultation is open here A fairer end to relationships - GOV.UK The law won’t change overnight, there’s a long way to go, but this is finally a start: why not get involved and have your say?
Yes, it is only an issue when things go wrong and no, it’s not a romantic conversation to have at any stage of a relationship. When do you have the awkward conversation about money and what you each think should happen if things go wrong? Until new laws are passed, the best way for couples to protect themselves is through proper legal planning. This includes:
- Cohabitation Agreements :A legally binding document which sets out what happens to property, finances, and other assets if the relationship ends.
- Making a Will : This ensures that your partner is provided for in the event of your death.
- Declarations of Trust :A document which clarifies the financial contribution of each party when buying property together which can include that they will get that share back if the property is sold after a breakup.
Star-Legal can help with these legal services and our lawyers have extensive experience in advising cohabiting couples. Whether you’re just moving in together, or having been living together for years, we can help put the right legal protections in place for you. Do get in touch 01179 059 262 / info@star-legal.co.uk to speak with one of our experts: we will talk you through your options, explain how the law affects your situation, and help you put the correct safeguards in place.