Family lawyers have shared more responses to the government’s A Fairer End to Relationships consultation, which closed last week.
Jo Edwards, head of family at Forsters and chair of the Resolution Family Law Reform Committee, believes the law should “better reflect the way millions of people live their lives today”.
She said: “The case for cohabitation reform is compelling. Cohabiting couples are the fastest-growing family type in the UK, yet many continue to assume that living together creates legal rights and responsibilities comparable to marriage.
“Despite decades of public education efforts, belief in the myth of ‘common law marriage’ remains widespread, leaving many people vulnerable to unexpected financial hardship when relationships end or a partner dies. The reality is that millions of people expect protections which the current law does not provide.
“Many unmarried couples share homes, raise children, blend their finances and make significant sacrifices for their family. Some choose not to marry for cultural, personal or financial reasons; others remain unmarried because one partner does not wish to, or because the other partner doesn’t realise they have to, to have better financial security.
“Whatever the reason, the financially weaker partner and any children of the relationship should not be left exposed to hardship because the law has failed to keep pace with modern family life.
“By the same token, we realise that many people will not want to be subject to any new framework for unmarried couples and it is important that their views be respected, provided that that doesn’t risk causing financial hardship and unfairness to their partner and/or their children”. Read the full statement from Forsters.
Resolution has shared its full response to the consultation, and said it had welcomed the opportunity to shape reforms.
“With cohabiting couples continuing to be the fastest-growing family type, Resolution’s response outlines its support for urgent reform in this area”, the organisation said in a statement.
The response also welcomes and provides members’ views on proposals to change how finances are dealt with upon divorce, which seek to provide more certainty and clarity to those whose marriages have come to an end.
Graeme Fraser, chair of Resolution’s Cohabitation Committee, said: “Resolution has been calling for meaningful cohabitation reform for many years, and we have been delighted to help advise on this crucial change.
“All too often our members see the hardship and damage that is caused by the current legal framework – it is now time to deliver on this long overdue change which was a key manifesto commitment of the current government.”
The Chartered Institute of Legal Executives (CILEX) said it’s “time to bring some truth to the myth of common law spouse”.
After surveying its specialist family law members on the commonly mistaken belief, CILEX said: ““Amending the law to be closer in line with public understanding may be beneficial. It may allow individuals to act in a certain way, legally towards their partners, when making decisions – i.e. whether or not to have a will.”
CILEX backs cohabitation rights in general, but said its members are split on whether couples without children must have lived together for at least three years before gaining them. Nearly half said this was too long, and should be even shorter where the couple have children.
Sara Fowler, CILEX president, explained: “CILEX support reforms that promote greater clarity, consistency and fairness, particularly through the codification of key principles. However, successful implementation will depend on robust judicial guidance, sufficient court resources, specialist training and effective public education to minimise disputes and improve access to justice.
“As family structures continue to evolve, reform must balance legal certainty with the flexibility needed to achieve fair outcomes, protect vulnerable individuals and children, and reflect the realities of modern relationships.”
