Recently the Government launched a consultation which could see cohabiting couples – who live together, but are not married – given automatic inheritance rights and financial protections upon separation, or if their partner dies. It marks a dramatic shift in a legal system that has previously left millions of people with little or no legal status and protection when a live-in relationship breaks down, regardless of how many years they devoted to a family or home. This disproportionately effects women, who are often the financially weaker party at the end of a relationship, and facing greater hardship afterwards.
Currently in the UK, there are approximately 3.5 million cohabiting, unmarried couples – this is the fastest growing family type in the country. This figure accounts for about 17.6% of all family households nationwide, and represents nearly 7 million unmarried individuals.
Reflection of modern society
The consultation, which runs for 10 weeks from June 5 to August 14, is designed to shape future law and better reflect modern society, particularly in light of cost of living pressures and the need for financial security. Its purpose is to strengthen cohabiting couples’ rights, and make any separation process less financially difficult by giving individuals, access to a share of a house so they can gain financial security and independence at the end of a cohabiting relationship.
The consultation will also explore whether courts should give greater weight to the impact of domestic abuse, including controlling or coercive behaviour or economic abuse, when assessing finances for married couples and cohabitants. It also wants to ensure that bereaved partners are protected if their partner dies without a will, by giving automatic rights to inherit.
Financial independence and security to rebuild lives
Jackie Lee, Head of Family at Alsters Kelley said. “ We welcome this consultation, which could produce the biggest shake-up of family law in a generation. To us, it’s important that support, certainty and financial independence is extended to everyone in a relationship, not just those who are married or in a civil partnership.
“The consultation proposes that cohabitants should have lived together for at least three years, or share a child in order to be able to access the framework. Courts must also be satisfied that couples are in an enduring family relationship to gain access to a portion of a house and other assets when they split up.”
“The consultation brings together three related areas: Reforming the law of financial remedies on divorce, reforming the law for cohabitants on separation and reforming the law for cohabitants on intestacy. It is open to the public, so if you have an interest in the law regarding cohabiting couples and financial provision on divorce in England and Wales then you are invited to share your views. The link to use is: https://consult.justice.gov.uk/digital-communications/a-fairer-end-to-relationships-consultation/.”
Fixed fee meeting for tailored separation advice
Jackie concluded. “When it comes to the end of a married or unmarried relationship, there is always a lot to think about and we appreciate that sometimes unknown costs can often appear quite daunting. Our family department offer an initial meeting at a fixed price of £360 including VAT. At this meeting, you will meet with one of our experienced and understanding family lawyers who will listen to your situation and discuss your concerns in detail with you, providing tailored advice specific to your circumstances.”
For timely and quality advice and support from our team, please contact Jackie Lee on 01926 356000, email jackie.lee@alsterskelley.com to arrange a meeting at one of our offices in Banbury, Coventry, Leamington Spa, Nuneaton, Stratford-upon-Avon and Southam.
Call now on 01926 356 053 to book an initial consultation for £300 plus VAT to speak to one of our Family Law specialists.
jackie.lee@alsterskelley.com