Cohabitation reform should address all inequalities so that partners are not forced to marry, a prominent family lawyer has said, after actor and comedian Ricky Gervais told a magazine that he would marry his long-term partner for tax purposes.
The star of BBC sitcom The Office told Saga magazine that he would marry Jane Fallon, his partner of 44 years, to avoid paying inheritance tax - a comment that was picked up by several media outlets.
Jo Edwards, head of family at London firm Forsters and chair of Resolution’s family law reform committee, said Gervais’s comments were timely given the government’s consultation on cohabitation reform.
‘Ricky Gervais’ comments illustrate the stark position faced by long-term cohabiting couples,' Edwards said. 'After sharing a home and finances and despite having been in a committed relationship for more than 40 years, he and his partner, Jane Fallon, are treated as strangers by the law to all intents and purposes, including for inheritance tax purposes, and their plans to marry are simply to secure the protection afforded automatically to spouses and civil partners.
'As he put it himself, “It’s mad. How more married can you be? We share all our money, we’ve been living together for 40 years. Some marriages don’t last a year. It’s horrible isn’t it? I’ve got to get around to marrying, before I die”.’
However, Edwards said the government’s reform proposals address only rights on separation and inheritance when someone dies without a will, not inheritance tax: ‘IHT may be a matter for the Treasury, but couples do not experience the law in departmental silos. Meaningful reform should eventually address all inequality so that romantic partners are not forced to marry simply to protect one another financially.'
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