How cohabiting couples can get ‘marriage-like’ legal protection

Cohabiting couples are being urged to take action to ensure they have the same kind of legal protection as married couples.

The call comes from the Law Society following a Government decision not to give cohabitants the same legal rights as spouses.

The issue is important because many cohabiting couples don’t realise they may have few legal rights if their relationship breaks down. Women may find themselves without a home and without any maintenance payments; men may find it difficult to retain contact with their children.

Even if the relationship remains stable, cohabitants may find they have no automatic right to inherit their partner’s estate, which could end up passing to family members.

The Law Society is advising unmarried couples to see a solicitor about drafting a cohabitation agreement. This would state how the couple want their assets to be divided in the event of a break-up.

Hopefully, the couple’s relationship will continue but if it doesn’t, it will be helpful to have difficult issues resolved in advance rather than have to discuss them when emotions may be running high.

A properly drawn-up agreement may even be more secure than some rights associated with marriage.

Law Society president John Wotton said: “Unlike pre-nuptial agreements for married couples, cohabitation agreements are recognised by the courts in England & Wales as being legally binding. It is not yet established that pre-nuptial agreements for married couples are binding in the courts.

“In light of the Government’s decision not to give live-in couples the same rights as married couples, there is perhaps a greater need for cohabiting couples to make these agreements.”

The Society is also urging cohabitants to make a will and ensure that it is kept up to date. This will ensure their estate is passed on exactly according to their wishes rather than in ways laid down by law.

Please contact us if you would like more information about cohabitation agreements, wills and probate or any of the issues raised in this article. Click here to find an office near you.