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Cohabiting couples warned of 'common law marriage' myths | Cohabiting couples warned of 'common law marriage' myths |
(about 1 hour later) | |
Millions of unmarried couples who live together could be unaware of their rights if the relationship breaks down, a family law group has warned. | Millions of unmarried couples who live together could be unaware of their rights if the relationship breaks down, a family law group has warned. |
Resolution carried out a survey which found two-thirds of cohabiting couples wrongly believe "common-law marriage" laws exist when dividing up finances. | Resolution carried out a survey which found two-thirds of cohabiting couples wrongly believe "common-law marriage" laws exist when dividing up finances. |
The number of unmarried couples living together has more than doubled from 1.5 million in 1996 to 3.3 million in 2017. | The number of unmarried couples living together has more than doubled from 1.5 million in 1996 to 3.3 million in 2017. |
Resolution chairman Nigel Shepherd said current laws were "behind the times". | Resolution chairman Nigel Shepherd said current laws were "behind the times". |
He said: "The government must listen to the public, legal professionals and a growing number of politicians who all agree that we need reform to provide basic rights to cohabiting couples should they separate." | He said: "The government must listen to the public, legal professionals and a growing number of politicians who all agree that we need reform to provide basic rights to cohabiting couples should they separate." |
Mr Shepherd said "society has changed", as cohabiting couples have become the fastest-growing family type in the UK. | Mr Shepherd said "society has changed", as cohabiting couples have become the fastest-growing family type in the UK. |
He said, under current law, it was possible to live with someone for decades - and have children together - but not take responsibility for the former partner if the relationship breaks down. | He said, under current law, it was possible to live with someone for decades - and have children together - but not take responsibility for the former partner if the relationship breaks down. |
Cohabiting couples can be recognised under Scots Law in some circumstances - and Scottish legislation introduced in 2006 enables a cohabitant to apply to the court for financial provision. | |
Cohabiting vs marriage: Six ways your rights differ | Cohabiting vs marriage: Six ways your rights differ |
Source: Citizens Advice | Source: Citizens Advice |
The ComRes poll of 2,000 UK adults, by Resolution, found 84% of people thought the government should take steps to make sure unmarried cohabiting couples knew they did not have the same legal protection as married couples. | The ComRes poll of 2,000 UK adults, by Resolution, found 84% of people thought the government should take steps to make sure unmarried cohabiting couples knew they did not have the same legal protection as married couples. |
Of these respondents, 281 people were in a cohabiting relationship - two-thirds of which thought they were common-law married. | Of these respondents, 281 people were in a cohabiting relationship - two-thirds of which thought they were common-law married. |
A further four in five cohabitants believed that the legal rights surrounding cohabiting people who separate were "unclear". | A further four in five cohabitants believed that the legal rights surrounding cohabiting people who separate were "unclear". |
If they have children, each cohabiting partner will still have the legal rights and responsibilities of a parent. | If they have children, each cohabiting partner will still have the legal rights and responsibilities of a parent. |
'Completely unprotected' | 'Completely unprotected' |
Mother-of-five Yvonne, who was with her ex-partner 17 years, said she was "shocked to find out" her legal rights when they ended the relationship. | Mother-of-five Yvonne, who was with her ex-partner 17 years, said she was "shocked to find out" her legal rights when they ended the relationship. |
"I was entitled to nothing," she said. | "I was entitled to nothing," she said. |
"I was no longer just dealing with a break-up - but with the fallout of not being legally entitled to share in any of what I thought were our joint assets." | "I was no longer just dealing with a break-up - but with the fallout of not being legally entitled to share in any of what I thought were our joint assets." |
Yvonne, who gave up paid work to look after their children, said she now has to move house - but has no independent funds or a pension. | Yvonne, who gave up paid work to look after their children, said she now has to move house - but has no independent funds or a pension. |
"I'm devastated to have been left in this situation, and think it's wrong that the law is unable to provide people like me with any support whatsoever," she said. | "I'm devastated to have been left in this situation, and think it's wrong that the law is unable to provide people like me with any support whatsoever," she said. |
Resolution, which represents 6,500 family practitioners, said it had seen an increase in the number of cases involving cohabiting couples. | Resolution, which represents 6,500 family practitioners, said it had seen an increase in the number of cases involving cohabiting couples. |
Some 98% of Resolution members report having worked with a couple who they say they could not help due to the lack of legal protection. | Some 98% of Resolution members report having worked with a couple who they say they could not help due to the lack of legal protection. |