Despite the misconception, there is NO such thing as "common law marriage" in the UK. It is easy to understand why couples who have been together for a long time, share a house, and have children together think they would have similar rights to those who are married but they do NOT. The term 'common-law spouse' is often used, but it is NOT a legal status. According to the Office for National Statistics, cohabiting-couple families account for almost 1 in 5 families and the number continues to rise. As the Rt Hon Caroline Nokes MP 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". My partner and I have been together for nearly 25 years and have two children aged 19 and 17 - why should we be treated differently and have inferior protection to someone who has been married for the same period of time or considerably less?       

Cohabitants do NOT have the same financial protections upon breakdown of a relationship or the death of one of the parties as those who are married or in a civil partnership. Unmarried couples can pass on assets valued up to £325,000 but anything above this is potentially subject to 40% inheritance tax, a deceased spouse or civil partner however can pass an estate of any worth to the surviving spouse without immediate tax consequences. Furthermore, married spouses can potentially claim a further inheritance tax exemption on the value of the family home enabling married couples to pass on greater amounts of assets tax efficiently where there are children.

Cohabitants are being discriminated against and must absolutely have the right to inherit the family home after the death of a partner and without the obligation to pay an inheritance tax bill which many would not be able to fund. 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 with children 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. "Common Law Marriage' is a myth and the Government must urgently make legal reforms which would protect cohabiting individuals with children, the law has been left decades behind.