New Rights For Unmarried Couples

Proposals could lead to unmarried couples having similar rights to divorcing couples should their relationship breakdown.

The new proposals will affect some two million cohabiting couples in the UK. Under the present law, there are no automatic legal rights for cohabiting couples if their relationship ends. There is a myth of "common law marriage" but it simply does not exist.

The new proposals will not automatically apply to all couples: they will only apply where there are children, or where the couple have lived together for two years or more where there are no children.

"For the average couple who live together, that would mean that should their relationship break down, they may be able to pursue claims through the courts not only for a share of the home, but also a lump sum payment or a share of their partner‘s pensions," says family law solicitor Andrew Newbury, from Manchester law firm Pannone LLP.  "Claims for maintenance will however only arise where it‘s necessary to pay for childcare."

The proposals are to be welcomed as there is such a difference between the legal rights of married and unmarried couples. Wives get more on divorce in England than in any other European country.  England has recently been described as "the divorce capital of the world" by one leading family court judge.

The recommendations have been put forward by the Law Commission, although it is not known when or how they will be made into law by the government.

For further information or advice visit http://www.pannone.com

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