Nearly half of unmarried couples do not know they lack certain legal rights should they split up, according to a survey by family law group Resolution, which has today published a blueprint for the future of family justice.

According to a poll of 551 cohabitees, 35% of respondents feared they would be left homeless and one in three feared significant financial hardship in the event of a break up. Resolution points out that if a property is in one partner’s name, the other partner has no automatic claim on the property in the event of a break up. Half of respondents do not plan to get married. A third do not believe in marriage. 

In a separate survey of over 200 family justice professionals, most deal with cases involving cohabiting couples at least once a month. Eight in 10 reported that unmarried couples were surprised by their lack of legal rights. Only 14% often work with clients to prepare cohabitation agreements.

Jo Edwards, chair of Resolution’s family law reform committee, said: 'This research has a very clear message - that many people do not want to get married or feel unable to do so. Those choices - or lack of choices - should not exclude them from legal protection if their relationship comes to an end. As Resolution looks to the future, it’s clear that reforming the law around cohabitants rights on separation to ensure they have proper legal protections is both vital and widely supported.’

A 'Vision for Family Justice' blueprint drawn up by Resolution calls for cohabitation law to be reformed. Cohabitants meeting eligibility criteria indicating a committed relationship would have an automatic right to apply for certain financial remedies if they separate. Couples would be able to 'opt out' of this right.

Under current law, the vast majority of unmarried parents who are the primary carer cannot secure childcare costs from the other parent to enable them to work. Awards under Resolution’s proposed scheme could potentially include payments for childcare costs. Cohabitants would also be able to apply for temporary maintenance to help them adjust to the loss of financial support.

Other recommendations in the blueprint include more public funding for early legal information, mandatory co-parenting programmes earlier in the separation process and fast-tracking certain contested financial remedy cases.

 

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