A group of cross-party MPs is demanding reforms to laws which
leave cohabiting couples with 'inferior' protections to those who
have formally married or have obtained a civil partnership.
With cohabitating couples representing the fastest growing family
type in England and Wales, the Women and Equalities Committee's
new Report, The rights of cohabiting partners,
highlights the risks faced- often by women- upon relationship
breakdown or the death of a partner.
In the 25 years since 1996, the number of couples living together
as cohabitants has more than doubled to 3.6 million, representing
around 1 in 5 couples living together in the UK today. Despite
this, a lack of legal protections means that, upon relationship
breakdown, the financially weaker partner has no automatic rights
to the family home. Instead, they rely on complicated
property law and trusts principles and outdated legislation
regarding child support.
The MPs also express concern at the distressing processes
involved in accessing a survivor's pension- and indeed, keeping
the family home- upon the death of a partner, where no formal
marriage or civil partnership has taken place.
One of the largest issues, finds the report, is the common
misconception that cohabiting couples automatically gain rights
equal to a marriage or civil partnership- the so-called 'common
law marriage myth'. 46% of those in England and Wales assume
cohabitants living together form a 'common law marriage', rising
to 55% of households with children. This erroneous belief can
have 'significant consequences', with many falsely believing they
have legal protections which turn out to be
non-existent.
Key recommendations:
- The Government should implement an opt-out cohabitation
scheme, as proposed by the Law Commission in 2007. This new
scheme will allow couples to disapply the legal framework granted
to them if they wished, which would give them autonomy while
protecting financially vulnerable individuals. It would also
provide certainty on the definition of a 'cohabitant', as there
is currently no single, legal definition.
- Concerned about the prevalence of the common law marriage
myth, the Committee call on the Government to urgently launch a
public information campaign to highlight the legal distinctions
between marriage, civil partnership, and choosing to live as
cohabiting partners. The Government must also undertake a
targeted information campaign for women in religious communities,
highlighting the risks of having a wedding ceremony which does
not meet legal formalities.
- Cohabitants must have the right to inherit the family home
after the death of a partner and without the obligation to pay an
inheritance tax bill. The Government must implement the
recommendations made by the Law Commission in 2011, which would
provide cohabitants with the right to inherit under the intestacy
rules. It must also review the inheritance tax scheme so that
cohabiting partners are placed on an equal footing to married
couples and civil partners. Furthermore, clear guidelines should
be published, setting out how pension schemes should treat
surviving cohabiting partners.
Chair's comments
Chair of the Women and Equalities Committee, Rt Hon , said:
"The reality of modern relationships is that many of us choose-
for a vast number of reasons- not to get married, even when in a
committed, long-term relationship. This number is ever growing,
and it is high time that the Government recognised this shift in
social norms, which has been taking place for well over 30
years.
The law has been left decades behind, as far as cohabitation is
concerned, and this is leaving financially vulnerable individuals
in precarious situations upon relationship breakdown or the death
of a partner. It is completely unfair that these individuals have
inferior protections to their married or civilly partnered peers.
Deciding not to marry is a valid choice, and not one which should
be penalised in law.
Not only must the Government urgently make legal reforms which
would protect those individuals, including an opt-out
cohabitation scheme, it must make the public aware that "common
law marriage" is a myth. Far too many people are left high and
dry upon relationship breakdown, relying on a common belief that
turns out to be completely false."
