01/10/2007
Will breaking up still be so hard to do?
Jane O’Callaghan, a solicitor in the Family Law Team at Watkins and Gunn Solicitors, examines the Law Commission’s proposals to give increased rights to unmarried couples on separation.
Research has shown that six out of ten of the estimated 2.2 million unmarried couples living together in England and Wales mistakenly believe they have the same rights as married couples or those who have gone through a civil partnership ceremony. But the truth is that they do not - there is no such thing in law as a ‘common law marriage’ no matter how long a couple live together.
The Law Commission has recently unveiled new proposals for a scheme to try to redress the balance between married and unmarried couples by providing additional rights for co-habitees when their relationships break down.
The new proposals would apply to co-habitees who at the time of the separation have children or have cohabited for a certain period (The Law Commission suggest between two and five years ).
At the end of a relationship an eligible person claiming a financial settlement would not be automatically entitled. They would have to show that they had not opted out of the scheme and had made ‘qualifying contributions to the parties’ relationship which have given rise to certain enduring consequences at the point of separation.’(Law Commission Report). Such “qualifying contributions” could be, for example, financial contributions or the full time care of the children.
Eligible co-habitees could then seek many of the same remedies as divorced couples such being able to claim a lump sum, the right to live at the family home and a share of their partner’s pension. However they would not be able to claim ongoing maintenance payments.
The new proposals have a number of stages to go through if they are to become law and in the meantime the best protection for co-habitees remains having a formal written agreement drawn up by solicitors defining the terms of their partnership together.
Jane may be contacted at the Pontypool office of Watkins and Gunn solicitors on 01495 768921
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