Published: 15th November 2017
A report has recently been released by the Office for National Statistics highlighting patterns and trends in living arrangements. In the report, it is stated that cohabiting couple families are now the second largest family type in the UK, as well as the fastest growing. This has, of course, highlighted the need for more awareness of how little legal protection cohabiting couples in England and Wales currently have, particularly as married couples currently have far greater legal rights when compared to cohabiting couples.
Cohabiting Couples on the Rise
The recently released report has identified that cohabiting couple families have now become the second largest family type in the UK, with approximately 3.3 million families in total, which represents an increase of more than 50% since 1996 when there were approximately 1.5 million cohabiting families in total. This is widely thought to be because many people now live together before they marry, or simply that couples are opting to live together without marrying.
This does bring problems, however, especially because most people believe that by living together they are seen as their partner’s common law husband or wife. With this comes the common misunderstanding that, should their relationship come to an end, they would be entitled to make certain claims for finances. This is not the case and only cements the fact that there should be more awareness regarding this family type, particularly relating to the misconception that common law marriage is a part of English law.
Cohabiting couples in England and Wales do not have the same level of rights legally as married couples do, and there is a significant lack of knowledge around this issue. Although a parent that did not marry their children’s father may be able to make claims financially for their children, they aren’t protected legally in the same way that a married couple may be, and so this can sometimes cause difficulties for the partner with less finances. Scotland has a very different standpoint on this topic, providing cohabiting couples with legal rights following the breakdown of their relationship, and many industry experts are calling for England and Wales to follow Scotland’s lead. With more and more cohabiting couple families forming year on year, experts suggest that the law should represent this and offer more legal protection to the couples following separation.
Key Points from the ONS Report
If you are unmarried and living with your partner and you are concerned about your legal position and rights then K J Smith Solicitors can help. Our team are experienced in drawing up cohabitation agreements which are designed to help protect you and your family should the worst happen.
For more information or to arrange a free 45-minute consultation, please contact K J Smith Solicitors today on 01491 630000 (Henley on Thames), 020 7070 0330 (London), 0118 418 1000 (Reading), 01753 325000 (Windsor), 01256 584000 (Basingstoke) 01483 370100 (Guildford), 01494 629000 (Beaconsfield) or 01235 375500 (Abingdon).
All our offices are easily accessible by road, rail or bus and we are open Monday to Friday from 8:30am to 6:00pm. With today's busy schedules, we offer telephone appointments outside normal office hours until 9pm on Thursdays and between 10am and 3pm on Saturdays.
Not sure which office is closest to you? Try our Office Finder.
If you would like to visit our team of family solicitors, we have offices in Henley-on-Thames, Reading (Woodley), Windsor, Basingstoke, Guildford, Beaconsfield, Abingdon and Ascot. We serve a wide range of other areas including Bracknell, Gerrards Cross, Maidenhead, Marlow, Oxford, Slough, High Wycombe and Wokingham.