The Office of National Statistics reports rapid increase in cohabiting couples

Yesterday, the Office of National Statistics released an update on the numbers surrounding family types in the UK. In this report, it was revealed that in the span of 10 years, the number of cohabiting couples has increased by 25.8%.

Marriage and civil partnership, carries with it a blanket of shared-ownership of many aspects of property and assets. For cohabiting couples, these assets generally stay with the registered owner in the event of the couple splitting up. This can leave those who give up their careers and take care of the home and children in difficulties in the event of the relationship breaking down. The legal remedies available can often be very expensive and can be very complicated.

Trusts of Land & Appointment of Trustees Act 1996 – If property is in the sole name of one cohabitee, the other can potentially claim under this Act in the event of the relationship breaking down. However, this comes with the difficult burden of having to prove that both parties had the ‘common intention’ for the non-named party to have an interest in the property.

Children Act 1989 – For ex-cohabiting couples with children, this Act allows the unmarried carer of the child/children to submit to the Court an application to receive maintenance or a lump sum from the other party for the benefit of the child/children or the right to continue to live in a property. It is important to note that Courts will only award the carer a sum that is strictly just enough for the child/children.

Inheritance (Provision for Family & Dependants) Act 1975 – Spouses generally have an automatic right to the deceased’s assets. The same cannot be said for cohabitees. Cohabitees are excluded by default and must apply under this Act and will in only certain circumstances be awarded anything.

Fatal Accident Act 1976 – Under this Act, only spouses and civil partners are entitled to bereavement damages. Cohabitees are not automatically entitled to a share of the occupational pension of the deceased partner.

If you need help regarding this or any other family law matter, please contact us.

Email Philip Elliott

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Family eBrief 8 August 2019