Establish Equal Rights for Cohabiting Couples Similar to Married and Civil Relationships
Establish Equal Rights for Cohabiting Couples Similar to Married and Civil Relationships
The Issue
There is no such thing as ‘common law marriage’ in Cohabitation…
I am one of the millions of people in a cohabiting relationship, I have jointly owned property and raised a child in a cohabiting relationship for nearly 20 years, longer than some marriages and civil partnerships last! Yet I still live without the legal protections provided to married or civil partnered couples.
It's time our laws reflect the changing dynamics of relationships in our society.
In recent years, there has been a significant increase in cohabitation. Despite this shift in societal norms, our laws have not kept pace.
The law does not offer cohabiting couples the same protection as it does to married couples or those in civil partnerships.
This is an injustice faced by many others like me across the country under the law of England and Wales.
The family courts can’t step in and apply principles of ‘equality’ and ‘fairness’ and ‘sharing’, there is no discretion when deciding how financial assets can be divided up in separation when the relationship is cohabitation.
The laws are outdated and buried within old ‘civil laws’ such as the Trusts of Land and Appointment of Trustees Act 1996 and the Law of Property Act 1925, when concerning children it is legislation such as the Children Act 1989.
According to the Office of National Statistics (ONS) In England and Wales alone,
The proportion of people who live in a couple that are cohabiting (not in a marriage or civil partnership) has increased from 20.6% in 2011 to 24.3% in 2021, an increase across all age groups aged under 85 years.
The proportion of people living in a couple who were married or in a registered civil partnership (including separated) decreased to 75.7%, from 79.4% in 2011.
Cohabitation has increased, yet the proportion of people living in couples who were married or in a civil partnership fell, when comparing 2011 with 2021.
These families are raising children, building homes, and contributing to their communities just like their married counterparts. Yet they do not receive equal treatment under the law.
Upon separation or death of a partner, there is little legal recourse to protect their interests or those of their children. The laws don’t recognise these relationships as legally binding entities and there are no rights to financial support during separation.
Every aspect of the life you have built and shared as though you were married or civil partners is effected;
The Law Society states;
Living together without being married or being in a civil partnership means you do not have many rights around finances, property and children.
Home ownership and entitlements.
Children and parental rights.
No Tax benefits as a couple.
Not automatically regarded as next of kin in medical emergencies and death.
If you are financially dependent and something happens (serious injury / death), there is no legal access to separate bank accounts or entitlement to pension access.
No automatic inheritance for your partner without a will.
At best, a Cohabitation agreement or Will may offer “some” legal protection.
The time has come for our laws to reflect the reality of modern family structures in our society with legislation that recognises all forms of partnership as valid and deserving of equal rights, irrespective of their choice in partnership status.
We call on our government to change this outdated legislation and grant equal family rights and protections under law to cohabiting couples as those offered to married couples or civil partnerships.
Please sign this petition if you believe in justice and equality for all families regardless of marital status.
8
The Issue
There is no such thing as ‘common law marriage’ in Cohabitation…
I am one of the millions of people in a cohabiting relationship, I have jointly owned property and raised a child in a cohabiting relationship for nearly 20 years, longer than some marriages and civil partnerships last! Yet I still live without the legal protections provided to married or civil partnered couples.
It's time our laws reflect the changing dynamics of relationships in our society.
In recent years, there has been a significant increase in cohabitation. Despite this shift in societal norms, our laws have not kept pace.
The law does not offer cohabiting couples the same protection as it does to married couples or those in civil partnerships.
This is an injustice faced by many others like me across the country under the law of England and Wales.
The family courts can’t step in and apply principles of ‘equality’ and ‘fairness’ and ‘sharing’, there is no discretion when deciding how financial assets can be divided up in separation when the relationship is cohabitation.
The laws are outdated and buried within old ‘civil laws’ such as the Trusts of Land and Appointment of Trustees Act 1996 and the Law of Property Act 1925, when concerning children it is legislation such as the Children Act 1989.
According to the Office of National Statistics (ONS) In England and Wales alone,
The proportion of people who live in a couple that are cohabiting (not in a marriage or civil partnership) has increased from 20.6% in 2011 to 24.3% in 2021, an increase across all age groups aged under 85 years.
The proportion of people living in a couple who were married or in a registered civil partnership (including separated) decreased to 75.7%, from 79.4% in 2011.
Cohabitation has increased, yet the proportion of people living in couples who were married or in a civil partnership fell, when comparing 2011 with 2021.
These families are raising children, building homes, and contributing to their communities just like their married counterparts. Yet they do not receive equal treatment under the law.
Upon separation or death of a partner, there is little legal recourse to protect their interests or those of their children. The laws don’t recognise these relationships as legally binding entities and there are no rights to financial support during separation.
Every aspect of the life you have built and shared as though you were married or civil partners is effected;
The Law Society states;
Living together without being married or being in a civil partnership means you do not have many rights around finances, property and children.
Home ownership and entitlements.
Children and parental rights.
No Tax benefits as a couple.
Not automatically regarded as next of kin in medical emergencies and death.
If you are financially dependent and something happens (serious injury / death), there is no legal access to separate bank accounts or entitlement to pension access.
No automatic inheritance for your partner without a will.
At best, a Cohabitation agreement or Will may offer “some” legal protection.
The time has come for our laws to reflect the reality of modern family structures in our society with legislation that recognises all forms of partnership as valid and deserving of equal rights, irrespective of their choice in partnership status.
We call on our government to change this outdated legislation and grant equal family rights and protections under law to cohabiting couples as those offered to married couples or civil partnerships.
Please sign this petition if you believe in justice and equality for all families regardless of marital status.
8
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Petition created on 20 January 2024