A new poll has read that two thirds of cohabiting couples are unaware that there is no such thing as a “common law marriage” in England and Wales. The report which was commissioned by Resolution, which represents Family Lawyers and campaigns for family justice, surveyed more than 2,000 British adults.
79% of people thought that there is a need for greater legal protection for unmarried couples upon separation; 84% agreed that the Government should take steps to ensure that unmarried cohabiting couples are aware that they don’t have the same legal protection as married couples; and four in five people agreed that the legal rights of cohabiting couples who separate are unclear.
A number of people who choose to live together without getting married has doubled from 1.5million in 1996 to 3.3million in 2017.
Unfortunately, there is no body of law in England and Wales which protects cohabitants. Instead, unmarried couples have to rely on two pieces of legislation, namely the Trusts of Land Act 1996 or the Children Act 1989.
A couple may spend many years building up a home together before they separate. However, if they have not taken any necessary steps to protect their positions then they may find themselves excluded from having any interest in the joint family home and the provision for the children of an unmarried couple is also much more restrictive than it would be had the parents been married.
Until the law is changed cohabiting couples should protect themselves by drawing up a “Cohabitation Agreement”. This would set out the intentions for the finances, property and care of any children in the event that the relationship breaks down. Alternatively, when purchasing a property a couple could enter into a Declaration of Trust that sets out the ownership of the property and takes into account any particular financial contributions which have been made.
How Can Timms Help?
If you think you may need a Cohabitation Agreement or a Declaration of Trust, please contact one of our Family team on freephone 0800 011 6666 or email legal@timms-law.co.uk, we'd be happy to help.
