The bad news is, there is no such thing as a Common Law Marriage. There is marriage, and there is cohabitation. A bit like being pregnant, you can’t be a little bit married. You are either married, or not.
Why does this matter?
Because, if the living together relationship breaks up, the rights that each person has are drastically different to married couples, no matter how long, how many children, how much sacrifice on each side.
There is a shocking lack of public awareness on legal rights when a non married relationship breaks down.
Nearly half of unmarried couples do not know they lack certain legal rights should they split up, according to a survey by family law group Resolution, which has today published a blueprint for the future of family justice.
According to a poll of 551 cohabitees, 35% of respondents feared they would be left homeless and one in three feared significant financial hardship in the event of a break up. Resolution points out that if a property is in one partner’s name, the other partner has no automatic claim on the property in the event of a break up. Half of respondents do not plan to get married. A third do not believe in marriage.
In a separate survey of over 200 family justice professionals, most deal with cases involving cohabiting couples at least once a month. Eight in 10 reported that unmarried couples were surprised by their lack of legal rights. Only 14% often work with clients to prepare cohabitation agreements.
Under current law, the vast majority of unmarried parents who are the primary carer cannot secure childcare costs from the other parent to enable them to work. Awards under Resolution’s proposed scheme could potentially include payments for childcare costs. Cohabitants would also be able to apply for temporary maintenance to help them adjust to the loss of financial support.
Other recommendations in the blueprint include more public funding for early legal information, mandatory co-parenting programmes earlier in the separation process and fast-tracking certain contested financial remedy cases.
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