Recent news that the Government are going to be consulting on reforms to the rights of cohabiting couples upon separation have brought to the forefront of our minds the current situation in relation to the law for cohabiting couples when they separate.
We are also quite commonly asked whether cohabiting couples have common law rights. Unfortunately, however there are no specific rights for cohabiting couples upon separation which are akin to married couples.
The current position is that when cohabiting couples separate, they do not have rights to make claims in relation to spousal maintenance or in respect of the other’s pensions and often the only financial issues to resolve relate to joint assets such as jointly owned property or bank accounts. Arguments often arise in relation to what happens with any property and depend upon how that property is owned.
Whilst the potential reform is only a consultation at this stage, and it remains to be seen what those recommendations would be and what the reform will ultimately entail, it will be interesting to watch over the coming months how this will impact upon cohabiting couples going forward.
If you have any concerns about your rights as a cohabiting couple at this stage, please contact Mewies Solicitors for advice and assistance.