Experts at a national law firm have warned that the lack of protective legislation for cohabiting couples could cause difficulties later down the line.
Survey results from the Office for National Statistics recently revealed that cohabitees are the second most common type of family, with the figure for 2017 standing at 3.3 million. Cohabiting families are also the fastest growing type of family, with the most recent figure being more than double that recorded in 1996.
As well as indicating the societal shift in attitudes and values towards a ‘traditional’ family structure, it also represents a growing number of families who may be unaware as the consequences of not appropriately planning for later life.
The warning comes from specialists at Irwin Mitchell Private Wealth, who highlight the misconception regarding ‘common-law’ marriage, stating that many cohabitees may be under the assumption that their assets would simply pass to their partner upon death.
This concern is further supported by statistics released earlier this week. According to family justice organisation Resolution, over two-thirds of cohabiting couples are unaware that ‘common-law’ marriage has no legal grounding in the UK.
As a result, this could lead to serious property and financial disputes following the death of one party.
Commenting on the statistics was Paula Myers. The National Head of Will, Trust and Estate Disputes at Irwin Mitchell Private Wealth stated: “It’s vital for cohabiting couples to update their wills if they want to avoid an inheritance dispute. Common law marriages do not exist in the UK and without a cohabitation agreement in place, which can be arranged by a private client lawyer, people cohabitating have very few legal rights. The law has fallen way behind expectations of what a modern family is, but until the Cohabitation Rights Bill is passed there are few options.
“Common issues include people having to sue their own under-16 children to get access to funds to pay the mortgage of the home they shared with their long-term unmarried partner. Second and third marriages can also cause issues if wills are not updated to ensure their children from previous marriages receive an inheritance.”
“The best way cohabiting couples can protect themselves from lengthy disputes in the future is by arranging for a cohabitation agreement, which can define who owns any property and how bills are to be split. They also need to make sure their will is regularly updated to include their current partners and reflecting their current wishes.”
“Planning for eventualities now can result in a much smoother process in the unhappy event that your partner passes away. Having legal protection in place can make what is a devastating time for families easier by removing the need for litigation.”
