Do you know your rights as a cohabitee?

Resolution’s annual awareness-raising week will take place from November 25 to 29 and this year, it is campaigning for legal reform to provide basic rights for cohabiting couples who separate.

Clare Pilsworth, a family lawyer from Cambridge-based firm Tees Law, explains more about the current rights of unmarried partners.

“Unfortunately, despite a significant increase in cohabitation in recent years, unmarried couples don’t enjoy the same legal protection as spouses,” Clare says.

“One common myth is that you can be ‘common-law married’ if you’ve been living together for a certain amount of time – but this isn’t the case! The only way to enjoy the same legal rights as married couples is to marry.”

Indeed, unmarried partners have few rights if they decide to go their separate ways, Clare explains: “Legally, cohabiting partners have no financial responsibility to one another upon separation.

“Unmarried partners cannot claim spousal support, although it is possible to claim child support through the Child Maintenance Service in England and Wales. Importantly, unmarried fathers only have parental responsibility for children if they are on the birth certificate or have an agreement with the mother.”

Current law also means it can be complicated for surviving unmarried partners if the other dies without a will. Whereas a spouse can benefit from intestacy rules, unmarried partners do not enjoy this privilege.

“However, it may be possible for a surviving partner to claim from the deceased’s estate via the Inheritance (Provision for Family and Dependants) Act 1975 but this has to be done very shortly after the person has died,” Clare adds.

There are actions a couple can take to make sure they are protected, which are not necessary if you are married.

If you are a cohabiting partner and would like further advice on your rights, contact Clare on 01223 702444 or email her at clare.pilsworth@teeslaw.com.

Visit Tees’ website for more information on their family law services: teeslaw.com/family-divorce-law.