COMMON LAW HUSBAND/WIFE
There was a lot of expectation that the Government would introduce new laws applicable to cohabitation. Despite an extensive Cohabitation Report being produced by the Law Commission no changes have been put into statute. Instead the Government said that they were going to monitor the situation in Scotland as there are additional rights for cohabitees via the Scottish Parliament. There has now been a change in Government and perhaps this Government will decide to amend the law however their priority appears to be saving costs so the expectation is that this issue will be a low priority. Therefore the legal position as of now is that cohabitees do not have additional legal rights.
THE MYTHS
- Unmarried couples living together for a period of time acquire the same rights as married couples - THEY DO NOT
- A co-habiting partner can claim maintenance from their partner if the relationship breaks down - THEY CANNOT (no matter how long they have lived together)
An unmarried partner’s name is not on the mortgage but she can claim an interest in the property because she has paid the utility and food bills for years and has decorated the house and paid for the carpets – SHE CANNOT (such payments are irrelevant)
- An unmarried partner will automatically inherit the estate if their partner dies, so a will is unnecessary – THEY WILL NOT
- Unmarried fathers have the same rights towards their children that unmarried mothers have - FREQUENTLY THEY DO NOT
COHABITATION AGREEMENTS
There is no specific legislation relating to cohabitation and therefore a Cohabitation Agreement will be governed by the law of contract. Both parties must have legal advice and supply full and frank disclosure of their finances. Cohabitation Agreements have yet to be fully tested in court, but they provide useful evidence of a common intention. If they are confined to matters dealing with property and money and certain conditions are met they are likely to be held as binding.
LIVING TOGETHER
Unmarried co-habitation is on the increase, as is relationship breakdown. Couples should properly record the shares in which their property is owned, nominate beneficiaries under pension policies and life assurance policies and make a will, especially if they have children. |
