Cohabitation is being recognised by society, but is it being recognised by the law?

Corale Holmes, Paralegal at MSB recently conducted a survey in which over 1,000 participants answered a series of questions regarding the law on cohabitation, which highlighted the misconceptions and confusion that exists when it comes to this complex topic. Some say the problem with the law on this topic is that there is no law, despite approximately half of the participants believing otherwise. What do you think?

The law (or lack of) on cohabitation

The law formally recognises two relationships, namely: marriage and civil partnerships. On the breakdown of those relationships, the court has wide-ranging powers to redistribute property and finances between the parties. However, contrary to the common misconception, there exists no such powers to cater for unmarried couples.

Marriage vs Common Law Marriage: do you believe the myth?

There is a widespread assumption that if a couple live together for long enough, or if they have children together, they become “common law spouses” and enjoy the same or similar rights afforded to married couples – this is not true!

The law offers no protection or automatic remedies to unmarried couples whose relationship breaks down. Therefore, the results of Corale’s survey highlight the dangers of such a vast amount of the population still believing into this myth and why, as a cohabitee, seeking specialist legal advice is essential.

Marriage vs Common Law Marriage: do you believe the myth?

The cohabiting family is on the rise, but is the law keeping up?

The latest statistical bulletin, Families and Households in the UK, published by the Office for National Statistics, shows that the number of cohabiting couple families continues to grow faster than married couple families, with an increase of 25.8% over the decade 2008 to 2018.

However, despite cohabitation being the fastest growing family type in the UK, there still exists no legislative framework to protect unmarried couples, which can lead to uncertain outcomes on the relationship breaking down. Figures show that cohabitation is a widely practiced family form and arguably, the law should not turn its back on social facts. Some say that the law ought to provide greater recognition of family forms alternative to marriage, and to do otherwise, could lead to the law being out of touch with social norms. Nonetheless, until there is any legal reform, cohabitants need to take a proactive approach to protect themselves and that is why we are here to help.

Contact us, we are here to help

As a cohabitee, we can help you protect yourself. Our team at MSB will ensure you are aware of the extent of your entitlement and that you are properly protected in the event that your relationship comes to an end. Please contact our team of experts if you need any advice or more information.