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Cohabitants, Watch This Space!

With approximately half of the couples who live together choosing not to get married, you might be forgiven for thinking that the law would have developed to keep pace with this trend. That belief could not be further from the truth. There are many cohabitants in long-term relationships who still believe they have rights because they have a “common law marriage.” There is no such thing. Many female cohabitants, upon termination of the relationship, can find themselves without financial provision for themselves, whether by way of maintenance or a share in the family home. The ability, without divorce proceedings, to share or split a pension does not apply to cohabitees.

A Law Commission Report earlier this year recommended that after a qualifying period of cohabitation, the parties should each acquire certain rights in terms of financial claims which are currently denied to them. The government shelved the report to see how similar arrangements worked out in Scotland (and probably hoped that the issue might go away).

However, there is a glimmer of light on the horizon. In the autumn, Lord Lester will introduce in Parliament a Private Members Bill on the rights of cohabitants. It is hoped that this will pave the way for the legislation which will provide for the income, capital and possibly, pension needs of cohabitants upon separation. Such legislation is long overdue.

July 2008

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