What rights do a cohabiting relationship currently have?
It is a common misconception that a couple who live together, have the same rights as those who are married or in a civil partnership, at the end of the relationship.
In England and Wales, this is not correct. Even if you have been living together for many years at the time of separation, there is no legal obligation on a cohabiting couple to meet the financial needs of the other, as there is under the Matrimonial Causes Act 1973 for married couples who are divorcing, or the Civil Partnership Act 2004, for those ending a civil partnership.
What about the family home?
Being in a cohabiting relationship and indeed that relationship ending does not give rise to a claim in relation to a family home. Only if the cohabitant is a joint owner or can otherwise establish rights under an implied trust, will property law protection apply.
What if we have children?
The parent with majority care for a child of the family will be entitled to child maintenance payments from the other parent. The Government website has a very helpful calculator to determine the amount of child maintenance you should receive from the other parent.
This parent may also be entitled to additional financial provision for the benefit of the children under Schedule 1 of the Children Act 1989. Under this legislation, the court has the power to provide limited financial provision for children of unmarried parents.
The orders can include periodical payments, lump sums and settlement of property, for the benefit of the child. The court will consider many factors when considering whether to make such orders, to include the income and financial needs, obligations and resources of the parties and will only make orders that are for the benefit of the child. They will not consider financial relief for the partner, as would be the case if the parents were married or in a civil partnership.
But that’s not fair!
We couldn’t agree more! This is why for years, we have been campaigning for more rights to those who choose to live together in a committed long-term relationship, without getting married or entering a civil partnership. In some countries this is already the case, like Australia for example.
When is change going to happen?
Labour included a reform of the law around cohabitation as a priority in their October 2024 manifesto and we understand that a formal consultation has been set for this year following pressure from MPs.
It is hoped this consultation will give us an idea as to what the Government intends the reform should look like and set out a timetable for those changes.
What will change?
We are not sure yet. The last extensive report in this matter was completed in 2007 and is now somewhat outdated. However, within this report it was stated there should be further protection to those ‘economically vulnerable’ cohabitants who have lived together for a set number of years and to those who have a child together.
Whilst it was noted these rights should not afford cohabitants the same rights as those who are married or in a civil partnership, it recognised that the law does need to provide a fairer division of the financial assets at the end of a cohabiting relationship, than what the law provides now, so that both cohabitees leave the relationship with ‘financial autonomy’.
Can I do anything to protect myself now?
If you are in a cohabiting relationship, you may also wish to consider a Cohabitation Agreement to set out what is to happen with your assets, should you separate.
This can also set out the agreements reached in respect of your respective financial contributions to any mortgage and household utilities. You may also wish to consider how the property is owned and whether this needs to be changed to best reflect your family’s circumstances.
You may also wish to consider making a Will to reflect your wishes upon death, as your partner would not receive your estate unless you have a Will expressly stating so, like a spouse would.
If you find yourself in the unfortunate situation of separating from a cohabiting partner, you may wish to consider making a Separation Agreement to set out how you will divide the home and other assets and liabilities, upon the end of the relationship.
Next steps...
If you think you need further advice in relation to your rights as a cohabitee, do get in touch on 01332 364436 or email k.copsey@timms-law.com
For more information about unmarried couples, visit our webpage here.
