Many couples are now choosing to live together rather than entering marriage or a civil partnership. Many do not realise that, even after many years together, if they split up, (or one party died) they do not have the same protection of the law as they would if they...
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The risk of Cohabiting
Unmarried couples in the UK are defined as cohabitants. It is estimated by the Office National Statistics (2011) that 2.9 million couples live in the UK as cohabitants and by 2021 the number is expected to double. English courts deal with three different matrimonial aspects; divorce, children and finance. Divorce – As cohabitation relationship is informal, no legal procedure is required in order to formally bring the relationship to an end. Children – As applications under the Children Act are governed by parental responsibility and/or contact/care of the child, being unmarried has no effect on such applications. Finance – In terms of finance, the position is totally different. Married couples can determine their financial affairs in court where decisions are governed by the Matrimonial Causes Act 1973, and in particular section 25 factors. The courts have power to award: Spousal maintenance/maintenance pending suit Periodical payments order Secured provision order Lump sum order Property adjustment order Pension sharing/attachment orders In contrast, the legal financial position of informal cohabitants is dealt with by reference to distinct statutory means depending on the issues concerning. Cohabitants rarely enjoy the same rights married couples have. Instead they must rely upon equitable doctrines such as proprietary […]
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