HAPPY VALENTINES – WILL YOU MARRY ME? THE RIGHTS OF CO-HABITING COUPLES

Marriage is a contract between two people to share their financial resources, there is nothing romantic about that. What happens however, if one of you doesn’t want to marry, you have children or you spend a life time together without ever tying the knot? The law on co-habitation hasn’t changed, with many feeling that if you wanted the protection of marriage then you should get married. It isn’t that simple though.

Marriage aside, there is a real risk to the financial support available in the event of your death. Without a valid will in your favour you would need to prove you were a dependent if the home you lived in isn’t in your joint names. You won’t receive a widows or widowers pension to benefit you or any children and you won’t be eligible for Bereavement Support Payment (their National Insurance payments which would have become their State Pension). You would have to make a claim as a dependent under the Inheritance (Provision for Family and Dependents) Act 1975.

Although Section 1 Children Act 1989 allows parents who are unmarried to make applications to preserve property or to receive capital lump sums, this still does not go far enough to offer protection to those without children or with adult children.

The legislation is therefore riddled with inconsistencies. There is a Cohabitation Rights Bill currently before parliament to provide additional protection for those who choose to ‘live together’ as oppose to marry. The Bill is likely to take many years to pass due to the various legal statutes which has to be drafted, it also faces the morality hurdle of diminishing marriage.

Our matrimonial and family law department are recognised experts in dealing with all aspects of divorce; financial settlement; children’s law and domestic violence. We also have extensive experience of all types of relationship issues together with obtaining orders through the court.

If you are experiencing issues or simply want to discuss matters relating to this then you can contact us on 01603 675666 or at kr@rogers-norton.co.uk.