Resolution has found most people back a change in the law to give cohabiting people more rights.
Currently couples have few or no rights in the event of a relationship breakdown meaning that unlike married couples there is no mechanism for splitting assets and no ability to claim help for childcare costs from an ex-partner in order to be able to work. This is despite a huge growth in the number of couples and families that cohabit rather than marry.
A nationwide poll carried out by Whitestone Insight on behalf of Resolution found around half (47%) of cohabitees are unaware that they lack rights should they split up.
59% of people polled back better legal protections for cohabiting people.
74% of cohabitees agree that ‘the current laws surrounding cohabitation are unfit for today’s modern society’
75% of Resolution members surveyed said they support a change in the law to provide basic rights to cohabiting couples
When asked about their concerns in the event of a relationship ending, 35% said they feared having nowhere to live – if a property is in one partner’s name the other partner has no automatic claim on it in the event of a break up. One in three said they feared significant financial hardship.
What’s more, 50% of cohabitees said they had no plans to get married while 34% of those expressing an opinion said they don’t believe in marriage. Over a third said they chose to spend money on a deposit for a house or flat instead of a wedding, while 28% said they started a family instead.
A separate survey of over 200 family justice professionals who are members of Resolution found most deal with cases involving cohabiting couples at least once a month and one in ten deal with a new case every week. Eight in ten reported that unmarried couples are surprised by their lack of legal rights.
Just 14% of Resolution members said they often work with clients to prepare cohabitation agreements – legal documents that set out each partner’s assets and set out how they will be divided in the event of a split. 90% of those surveyed and expressing an opinion said they support a changing the law to provide basic rights to cohabiting couples.
It’s 40 years since Resolution was set up to support separating families, by reducing conflict and creating more amicable, long-lasting solutions that would benefit them and any children they may have. To mark the anniversary the organisation has published its Vision for Family Justice, setting out the changes that now need to be made to address the current issues facing the family justice system.
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