ITV news is presently seeking to interview cohabiting couples about what new proposed laws will mean to them, which will give cohabitees rights to make financial claims against their partners if their relationship ends, and which will be one of the biggest major overhauls to family law in recent times.

At present, cohabitees have no automatic ability to make a claim against the property, assets, and pensions of the other party in the event of the relationship breaking down, even if the relationship is a long one or there are children. The myth of a common law wife or husband simply does not exist.

Parties with children may be able to make financial claims on behalf of the children or against a property to which they have directly substantially contributed, but those claims are limited, can be difficult, and costly to make.

The government has now launched a major consultation proposing significant new rights for cohabiting couples who have lived together for more than 3 years or have children. Under these changes, qualifying couples could gain financial rights to make claims against the assets and property of their partner in the event the relationship breaks down.

Financial claims would focus on meeting gaps in need rather than an automatic equal division of assets which often happens when marriages break down.

At the moment, cohabitees do not have an automatic right to make financial claims against their partner’s estate in the event of their death and that would also change. Unmarried partners could receive automatic inheritance rights if their partner dies without a will.

However, at present the best way for cohabitees to make financial provision for themselves and each other is to have a Cohabitation Agreement which can be drafted by an experienced family law specialist.

If you would like to discuss this further with a solicitor, please contact us via the details on our website.