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New rights could ease
heartache for unmarried
couples. Kate McColgan
of Berry Smith clarifies
the legal implications.
NOT TYING THE KNOT?
From the latest figures available,
there are currently more than 4m
people living together without
marrying, one in six of all
couples, and this is expected to
double over the next fifteen
years. In addition, more than
seventy five percent of couples
live together before marriage and
one in four children are born to
unmarried parents.
However, whilst some opt to enter
formal ‘living together agreements’
to regulate their financial position,
offering some legal protection, most
do nothing at all to formalise their
relationship, many believing,
incorrectly, that the law offers them
some protection where they have
been together for more than a couple
of years or have children.
It has certainly been my experience
that many couples, calling themselves
‘common law husband and wife’
believe themselves to have the same
legal protection as married couples
and it comes as a bit of a hard shock
on death or separation to discover
that this is simply not the case.
In practice, there is currently no such
legal definition as ‘common law
husband and wife’ and there are no
present automatic rights to pensions,
maintenance or a share of the assets.
This can cause many unexpected
hardships, where people find
themselves vulnerable and
unprotected at times of great distress.
For example, a partner is only
entitled to a share of the house if he
or she can justify such on very strict
property or trust principles.
In order to rectify this position, the
Law Commission (the Government’s
law reform body), have recently
made recommendations to give cohabiting
couples similar rights to
those of married couples and
civil partners.
The Commission’s paper suggests
that co-habiting couples who split
up should be able to make the same
financial claims as divorcees,
although on a less generous basis,
based on a sliding scale of qualifying
years together likely to be a
minimum of two years or to those
who have a child.
The recommendations are still at the
consultation stage and are currently
with the Ministry of Justice to decide
whether or not the Government
should introduce a draft bill to this
effect, so it’s a matter of watch this
space and see. However, in the
meantime, to any of our readers in
this situation, you would be sensible
to consider either getting married or
entering into a formal living together
agreement to regularise
your positions.
For more information please contact Berry Smith.
Berry Smith, Cardiff
Haywood House
Dumfries Place
Cardiff CF10 3GA
Telephone 02920 345511
Fax 02920345945
Email cardiff@berrysmith.com
Berry Smith, Bridgend
Brackla House
Brackla Street
Bridgend CF31 1BZ
Telephone 01656 645525
Fax 01656 645174
Email bridgend@berrysmith.com
Berry Smith, London
1 Northumberland Avenue
Trafalgar Square
London WC2N 5BW
Telephone 0845 603 8337
Fax 0845 603 4524
Email london@berrysmith.com
www.berrysmith.com |
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