In addition, figures confirm that people are waiting longer to get married, with an average age for first time marriage of 36.5 for men and 33.8 for women.
With this in mind, it is possibly indicative of the greater number of couples choosing to cohabit, rather than formalise their relationship by way of marriage. However, it is concerning that a number of cohabiting couples still believe in the concept of the "common law spouse". This is a complete myth as far as English law is concerned and a disturbing number of people remain in blissful ignorance of this fact, until that is, their cohabiting relationship ends, by separation or death. The rules that apply to separating cohabiting couples are a extremely complex mix of trust, property and family law which can produce very unfair results and on many occasions can result in no opportunity to make any claim whatsoever against the other party.
The availability of legal protection for same-sex couples who commit to a civil partnership, akin to that available from marriage, was introduced with the Civil Partnership Act 2004. There is, however, currently no equivalent statutory protection for opposite sex couples who choose not to, or are not able to marry, or other degrees of cohabiting relationship e.g. siblings or carers. We might question why such protection should be extended to these people. Is the availability of marriage not protection in itself? Why should the government legislate to protect those who, for whatever reason, choose not to enter into that available legal framework? Should the government protect those ignorant of the law? However, whatever your personal view, the simple fact is that cohabitation is on the increase and the hardship that can arise on a breakdown of those relationships is an issue that the government will ignore at its peril. The law is ripe for reform.
Resolution, an association of 5,000 family lawyers, is calling for a new law that both members of a couple would be treated fairly should they split up, without equating living together to marriage or civil partnership, and would provide a safety net for vulnerable people who have made career or financial sacrifices for the sake of their relationship.
However, reform of the law does not appear to be a priority for this government. In 2009 Resolution worked with Lord Lester of Herne Hill who introduced a House of Lords Bill that would have given cohabiting couples legal protection but the Government failed to give the Bill its support.
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In the meantime, couples who live together but do not marry would be well advised to consider regulating their relationship under a cohabitation contract. Unlike a pre-nuptial agreement, this forms a contract between the parties and, except in certain circumstances, can be enforced as such. Cohabitants should also ensure that they have in place a Will to ensure that their estate is distributed in accordance with their wishes. Any such Will should also be reviewed on relationship breakdown. Specialist advice about these forms of protection should be sought.
Leah Snape