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The Myth of the Common-Law Spouse Continues
Family lawyers have to explain every day to unmarried cohabitants that they don’t have the same rights as married people if their relationship breaks down. Despite campaigns to try to debunk the myth of the common-law spouse, it seems to have fallen on deaf ears.
The latest British Social Attitudes Survey shows that 46% of people wrongly think that living together in England and Wales gives them the same legal status as if they were married. This is only a 1% drop from the figure in 2005. The detailed analysis shows that this rose to 55% of households who have children.
In 2017 there were 3.3 million cohabiting families, a figure which has more than doubled in the last 20 years.
This isn’t just people thinking that they may have the right to make some sort of claim on a relationship breakdown, they believe that they have the same potential financial claims as if they were married. Many countries afford unmarried cohabitants rights on relationship breakdown once they have lived together for a number of years, but England and Wales does not..
If a relationship breaks down claims can only be made under property and trust law, or if there are children, claims may be made on behalf of the child. In simple terms, if there is a dispute, the court will look at how the property is owned. Sometimes that will be the end of the matter, although in some cases it is possible to look at financial contributions to the property, but no other contributions to the relationship. If there are children, it is possible to make a claim on their behalf, but any capital that is provided for housing will revert back to the person who provided the money when the children finish education.
Unless and until there is a change in the law Family lawyers will have to keep on trying to educate on the lack of common-law spouse rights, but despite our best efforts, it seems few people are listening.
Philip is a specialist family lawyer. He has significant experience in claims for financial provision on divorce, pre and post-nuptial agreements, civil partnership dissolution, and cohabitation agreements and disputes. He has expertise in dealing with children cases, including residence and contact disputes.
Many of his cases have an international dimension and he is a member of the International Academy of Family Lawyers.
Philip has been involved in a number of leading family law cases during his career and has been recognised in legal directories including Chambers and Legal 500 where he has been described as “a great pragmatist” and “sagacious”. He is named as a prominent figure for family and matrimonial work in the Citywealth Leaders List.