Unmarried couples could be waiting years before new legislation starts
Couples who live together without tying the knot have very few legal rights when it comes to property, finances or inheritance, yet a surprisingly large number remain completely unaware of this. Although new legislation could come into effect around 2027 or 2028 that would dramatically alter the situation for cohabiting couples, one solicitor is urging people to take action now rather than waiting for change.
Beth Kivelä, family law expert at Rayden Solicitors, said: “It is never too early to seek advice from a specialist family lawyer on the steps you can take to establish and clarify your intentions around property ownership and financial contributions in the event of a separation.
“Drafted properly, a cohabitation or nuptial agreement allows couples to decide for themselves what they consider to be a fair financial outcome on separation in light of their specific circumstances.”
Currently, couples who are neither married nor in a civil partnership have no automatic right to inherit upon the death of a partner, and there is no legal framework in place for dividing assets should the relationship break down.
However, the proposed reforms would grant those who have lived together for a specified period – currently suggested at three years – a number of additional automatic entitlements and rights. These proposals are not anticipated to reach Parliament until late 2027 at the very earliest.
The expert explained: “The financial outcomes for many cohabiting couples when they separate are unfair compared to those of divorced couples in comparable situations.
“Many victims of domestic and economic abuse can also find themselves in the unenviable position of having to choose between staying in an abusive relationship or separating with no financial security.
“Children are also often caught up in this dilemma, which can have significant implications for their overall wellbeing.”
Beth warned unmarried couples against misinterpreting the new legislation, cautioning that it would not afford them the same rights as married couples or civil partners. She added: “Cohabiting couples should be under no illusion that the proposed reforms will entitle them to the same rights as married couples; they make it very clear that marriage is to retain a unique status.
“Unlike the Court’s approach to a divorce, there would be no starting assumption of a 50/50 split of the assets. The Court would also interpret cohabitants’ needs more narrowly than on divorce and would not take discretionary needs into account.
“The proposed reforms would also require the Court to impose a clean break as soon as it is just and reasonable to do so, whereas on divorce, the emphasis is on the ability of the weaker financial party to transition to independence.”
Under the proposed new laws, couples who have lived together for at least three years, or who share a home and have a child, would be granted statutory rights and responsibilities when they split up. However, they would need to submit an application to the Court within two years of their separation in order for their claim to be considered.
