{"id":9884,"date":"2017-11-27T08:37:28","date_gmt":"2017-11-27T13:37:28","guid":{"rendered":"http:\/\/worldjusticenews.com\/news\/?p=9884"},"modified":"2017-11-27T08:42:03","modified_gmt":"2017-11-27T13:42:03","slug":"cohabiting-couples-warned-common-law-marriage-myths","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2017\/11\/27\/cohabiting-couples-warned-common-law-marriage-myths\/","title":{"rendered":"Cohabiting couples warned of &#8216;common law marriage&#8217; myths"},"content":{"rendered":"<p class=\"story-body__introduction\">Millions of unmarried couples who live together could be unaware of their rights if the relationship breaks down, a family law group has warned.<\/p>\n<p>Resolution carried out a survey which found two-thirds of cohabiting couples wrongly believe &#8220;common-law marriage&#8221; laws exist when dividing up finances.<\/p>\n<p>The number of unmarried couples living together has more than doubled from 1.5 million in 1996 to 3.3 million in 2017.<\/p>\n<p>Resolution chairman Nigel Shepherd said current laws were &#8220;behind the times&#8221;.<\/p>\n<p>He said: &#8220;The government must listen to the public, legal professionals and a growing number of politicians who all agree that we need reform to provide basic rights to cohabiting couples should they separate.&#8221;<\/p>\n<p>Mr Shepherd said &#8220;society has changed&#8221;, as cohabiting couples have become the fastest-growing family type in the UK.<\/p>\n<p>He said, under current law, it was possible to live with someone for decades &#8211; and have children together &#8211; but not take responsibility for the former partner if the relationship breaks down.<\/p>\n<p>Cohabiting couples can be recognised under Scots Law in some circumstances &#8211; and Scottish legislation introduced in 2006 enables a cohabitant to apply to the court for financial provision.<\/p>\n<h2 class=\"story-body__crosshead\">Cohabiting vs marriage: Six ways your rights differ<\/h2>\n<ol class=\"story-body__ordered-list\">\n<li class=\"story-body__list-item\">If one cohabiting partner dies without leaving a will, the surviving partner will not automatically inherit anything &#8211; unless the couple jointly own property. A married partner would inherit all or some of the estate<\/li>\n<li class=\"story-body__list-item\">An unmarried partner who stays at home to care for children cannot make any claims in their own right for property, maintenance or pension-sharing<\/li>\n<li class=\"story-body__list-item\">Cohabiting partners cannot access their partner&#8217;s bank account if they die &#8211; whereas married couples may be allowed to withdraw the balance providing the amount is small<\/li>\n<li class=\"story-body__list-item\">An unmarried couple can separate without going to court, but married couples need to go to a court and get divorced to end the marriage formally<\/li>\n<li class=\"story-body__list-item\">Cohabiting couples are not legally obliged to support each other financially, but married partners have a legal duty to support each other<\/li>\n<li class=\"story-body__list-item\">If you are the unmarried partner of a tenant, you have no rights to stay in the accommodation if you are asked to leave &#8211; but each married partner has the right to live in the &#8220;matrimonial home&#8221;<\/li>\n<\/ol>\n<p>Source: Citizens Advice<\/p>\n<p>The ComRes poll of 2,000 UK adults, by Resolution, found 84% of people thought the government should take steps to make sure unmarried cohabiting couples knew they did not have the same legal protection as married couples.<\/p>\n<p>Of these respondents, 281 people were in a cohabiting relationship &#8211; two-thirds of which thought they were common-law married.<\/p>\n<p>A further four in five cohabitants believed that the legal rights surrounding cohabiting people who separate were &#8220;unclear&#8221;.<\/p>\n<p>If they have children, each cohabiting partner will still have the legal rights and responsibilities of a parent.<\/p>\n<h2 class=\"story-body__crosshead\">&#8216;Completely unprotected&#8217;<\/h2>\n<p>Mother-of-five Yvonne, who was with her ex-partner 17 years, said she was &#8220;shocked to find out&#8221; her legal rights when they ended the relationship.<\/p>\n<p>&#8220;I was entitled to nothing,&#8221; she said.<\/p>\n<p>&#8220;I was no longer just dealing with a break-up &#8211; but with the fallout of not being legally entitled to share in any of what I thought were our joint assets.&#8221;<\/p>\n<p>Yvonne, who gave up paid work to look after their children, said she now has to move house &#8211; but has no independent funds or a pension.<\/p>\n<p>&#8220;I&#8217;m devastated to have been left in this situation, and think it&#8217;s wrong that the law is unable to provide people like me with any support whatsoever,&#8221; she said.<\/p>\n<p>Resolution, which represents 6,500 family practitioners, said it had seen an increase in the number of cases involving cohabiting couples.<\/p>\n<p>Some 98% of Resolution members report having worked with a couple who they say they could not help due to the lack of legal protection.<\/p>\n<p>Source: <a href=\"http:\/\/www.bbc.co.uk\/news\/uk-42134722\" target=\"_blank\" rel=\"noopener\">bbc.co.uk<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"mh-excerpt\">Millions of unmarried couples who live together could be unaware of their rights if the relationship breaks down, a family law group has warned. Resolution carried out a survey which found two-thirds of cohabiting couples <a class=\"mh-excerpt-more\" href=\"https:\/\/worldjusticenews.com\/news\/2017\/11\/27\/cohabiting-couples-warned-common-law-marriage-myths\/\" title=\"Cohabiting couples warned of &#8216;common law marriage&#8217; myths\">[&#8230;]<\/a><\/div>\n","protected":false},"author":1,"featured_media":9886,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[15,2,4],"tags":[4467,4469,4468],"class_list":{"0":"post-9884","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-human-rights","8":"category-news","9":"category-uk","10":"tag-cohabiting","11":"tag-common-law","12":"tag-unmarried","13":"pmpro-has-access"},"_links":{"self":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/9884","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/comments?post=9884"}],"version-history":[{"count":2,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/9884\/revisions"}],"predecessor-version":[{"id":9887,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/9884\/revisions\/9887"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media\/9886"}],"wp:attachment":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media?parent=9884"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/categories?post=9884"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/tags?post=9884"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}