Common Law Marriage a Myth?

UNITED KINGDOM -- UK based firm of solicitorsTrethowans has produced an informative guide which looks at the dramatic differences in the way the law treats married and unmarried couples and the impact on their future security if they divorce or separate.

Andrew Mercer, Partner and Head of the Family Team at Trethowans, explains "Many people assume that if they have lived with their partner for a period of time that they automatically gain some legal rights; generally this is not the case and for many, they can learn this the hard way."

People often refer to couples who live together as 'common law' husbands and wives. Contrary to popular belief, there is in fact no such legal status. The law describes the situation as 'cohabitation' and legally cohabitees have very few statutory rights.

Recently the Law Commission has released a report suggesting that cohabiting couples should have more legal rights if they split up and this is due to be debated in the coming months. However, until such time as the Law changes, if it changes, the fact remains that many cohabiting couples have less rights than married couples.

Some of the rights that cohabiting couple don't enjoy include:

- The surviving partner in a cohabiting partnership will not automatically inherit anything
- Cohabiting partners do not have a financial duty to support each other in the event of a separation
- Parental responsibility; most of the rights, duties and obligations rest with the mother. The father has limited rights, unlike in a marriage
- A widow's or widower's pension cannot be claimed by a cohabiting partner

Andrew goes on to comment "We have worked with many clients - some who have approached us early enough for us to give them expert advice and thus avoid potential issues and difficulties. Unfortunately we have also worked with a number of clients who have only approached us once the relationship has broken down or upon the death of a partner, and rights they assumed they had, have simply not existed. This can cause both financial hardship and of course a great deal of emotional upset."

"That's why we recommend that couples who are cohabiting seek professional advice at the earliest opportunity. In addition to our article entitled 'Married and Unmarried Couples - There is a Legal Difference', we also offer a free initial half hour meeting for all family related matters at either of our offices."

To find out more please visit the Trethowans website at www.trethowans.com or call Andrew Mercer on 01722 426954.

For further information please contact:

Trethowans
Andrew Mercer, Partner & Head of Family Team
Telephone - 01722 426954
andrew.mercer@trethowans.com

Clare Fanner, Marketing Communications Manager
Telephone - 023 8082 0544
clare.fanner@trethowans.com

www.trethowans.com 

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