The legal framework in England and Wales is progressing towards equal treatment of married and unmarried couples.
“More than 3.5 million couples cohabit without marriage or civil partnership, a figure that has more than doubled in the last thirty years. Nevertheless, cohabiting couples and their children face significant financial vulnerabilities if their relationship dissolves.”
This statement is from the foreword of A Fairer End to Relationships, a comprehensive 100-page document from the Ministry of Justice that outlines recommendations regarding divorce for married individuals and civil partners, as well as separation and intestacy for those who are unmarried in England and Wales. The most notable recommendations pertain to unmarried couples, who currently enjoy far less legal protection compared to their married counterparts. For instance, while intestacy laws prioritize the surviving spouse as the primary beneficiary, the surviving partner in an unmarried couple is overlooked.
The proposed changes for unmarried couples would automatically apply to adults in “long-term, committed, and interdependent relationships” who have cohabited for a minimum of three years or who live together and share a child. However, there would be an option for both parties to opt out, provided they mutually agree and adhere to specific safeguards.
According to the suggested framework, the default position would be that each individual retains ownership of their legal assets. The court would then assess the needs of both parties, aiming to meet these needs in a manner that allows both individuals to “transition to independence… as far as resources permit.” This narrow interpretation of needs would ensure that cohabitants cannot achieve a more advantageous outcome than spouses in similar situations. The welfare of children would be the court’s foremost concern, ensuring their protection when resources are constrained.
While the settlement mechanisms would be similar to those currently applying on divorce, the goal would be to achieve a clean break wherever possible, with maintenance limited to exceptional circumstances, such as long-term ill health.
On intestacy, the proposal is that rights of inheritance should be extended to ‘qualifying cohabitants’. The minimum duration for qualification would not necessarily be the same as applied on separation and might be longer.
If you are in an unmarried relationship, do not wait for the law to change, which could take years – if it happens at all. Make sure your legal and financial planning works within the existing legal framework, which does not recognise common-law marriage.
The government’s proposal on reforms for unmarried couples can be read here.