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A safety net for cohabiting couples
Mary Creagh

I have been lobbying the government to extend legal protection to cohabiting couples for more than two years.

There are currently 2.2 million unmarried couples in the UK. More than half of people who responded to a survey carried out by Resolution, the family law association, thought that there was such a thing as 'common-law marriage', and that co-habitants' rights to property and finance were very similar to those of married people.

But, in reality, a partner who lives with someone for many years and contributes to household bills has no right to a share of the family home, maintenance payments or a council tenancy if the relationship ends.

Last year I tabled an Early Day Motion in Parliament, supported by 123 MPs, calling for minimum rights for cohabitants affected by relationship breakdown.

Since raising this issue I received many heartbreaking letters from women across the country who were left penniless or homeless after a relationship has ended. One was from a woman who had been living with her partner for 17 years, and had five children with him. She now finds herself unable to leave him as he refuses to give her a fair share in the family home, which is only in his name.

In July the Law Commission recommended changes to the law to give legal protection to unmarried couples.

They recommend that Parliament should change the law so that all couples who have lived together for set period of time, which Parliament will decide but they recommend at between two and five years, should be given protection.

They also recommend automatic protection for all cohabiting couples with children, whatever the length of their relationship.

These recommendations will provide a safety net so that one partner and their children are not left destitute after a long-term relationship ends.

There is a clear link between relationship breakdown and child poverty. Currently it is left to the taxpayer to pick up the pieces by providing social housing and benefits, but this should be the responsibility of the former partner.

However, all couples will be able to legally 'opt-out' of such protection if they wish.

These changes will not damage the institution of marriage. The Church of England has made it clear that the test is whether the recommendations would correct injustices and safeguard the welfare of children without downgrading or creating disincentives to marriage.

Cohabitees in Canada, Scotland and Australia already have certain protections under the law. Research from Australia found no obvious impact on the marriage rate.

I am looking forward to debating this legislation in Parliament, and finally seeing the law catch up society in the 21st century.



Blog Comments


What is needed is more education of the choices available, not a change in the law. These proposals would mean the end to my happy living arrangements and I can't be alone. I have no children and I choose to cohabit. If I want the protection offered by these proposals then I can get married - the legal solution already exists. I have a choice - don't take that freedom away from me.

Catherine Hallett
Surrey
Fri, 12 Oct 2007 10:59:15 GMT+01

What concessions should be made for widows and widowers who have famiies, but do not re-marry or take a partner?

A.P.Cull
Devon
Fri, 12 Oct 2007 12:51:18 GMT+01

Co-habiting couples should not have to 'opt out' of an arrangement, they already have the choice to 'opt in' by getting married. Many years ago I purchased a property with my ex-partner, and ensured that my name was on the Title deeds, you do not need to be married to get property rights. Education is the key to ensure people are aware of what they are entitled to. Children should of course be provided for, and it is important that the CSA meet these needs.

Ann Berwick
Doncaster
Fri, 12 Oct 2007 14:20:20 GMT+01

You cannot often have your cake and eat it. If they are going to have children they can get married: after all it need not be a religious marriage. Otherwise perhaps they can draw up a non-nuptial agreement? Would this be enforceable in the courts? I do not know!

Lord Marlesford
London
Fri, 12 Oct 2007 15:48:11 GMT+01

Why should someone not get married? move in together, have kids, then complain that they have no rights when they split up. But they do, they have had the choice to marry and gain security. Why should single people have the same rights as married people? Then what would be the point in marriage? if we brought in polices making cohabiting couples equal to married couples, even less people would marry, more people would split up, and more families would suffer (we already have the worst family records in europe)

jamesdmh
london
Fri, 12 Oct 2007 16:06:41 GMT+01

I disagree with all the people who have said the move would undermine marriage. If most people already, mistakenly, think they have some rights as cohabiting couples, then actually giving them the rights isn't going to change their decisions... it will just put them in the situation that they think they actually already are in.

Jason Saunders
Hammersmith, London
Fri, 12 Oct 2007 16:34:57 GMT+01

I agree with Catherine Hallett's posting of 12 October 2007. Many people choose not to get married. Don't make then opt out. Instead, make it so people have to opt in, either by marrying (as the law is now), or by ading to the law to allow opt-ins.

Rob Marris
UK
Sat, 13 Oct 2007 13:55:50 GMT+01

Education should be a significant part of future actions - but please also have some compassion for those who go through the pain of separation and then have to cope with the finances. For them it is too late to get married and they are living through a current nightmare.

I think it is far too easy to simply say, 'they should have known better/they could have got married.'

In most cases people truly believe that they are 'as married' and never dream of parting.

My sister is one such grieving woman. She is worked to the bone trying to support her children with minimal support from her ex-partner. And when her son is of age she could lose her home as things stand because 'he' pays the mortgage.

For the men and women who already find themselves dealing with this situation - all the years of their unwaged contributions should be taken into account when finances are decided. I believe that it is unfairly balanced as things stand.

I was relieved when I first saw Mary Creagh's EDM and the support it raised. People care, I thought!

I sincerely hope that as well as educating the not-yet-cohabitees, that the Government would also go on to protect those like my sister who have unfortunately found themselves in this painful situation.

Sue Dallibar
Berkshire
Mon, 15 Oct 2007 20:34:50 GMT+01

Published: Thu, 11 Oct 2007 18:30:00 GMT+01

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