Live-in couples can
still have rights despite Government U-turn, says Law
Society
Couples who live together but do
not marry can still have similar rights to married
couples, despite the Government's U-turn on giving cohabiting
couples more rights, says the Law Society.
The Law Society says that
despite the Government's decision to drop plans to give
couples that live together similar rights to married couples,
unmarried couples can sign a cohabitation agreement which would
give them stronger rights should their partner die or should the
couple separate.
The Society says that
cohabitation agreements which are drafted by a solicitor could
potentially put cohabiting couples in a better legal position than
their married counterparts should the relationship
breakdown.
Law Society President John
Wotton says:
“Although the Government
has chosen not to legislate to give cohabiting couples the same
rights as married couples, couples can sit down with their
solicitor and draft a cohabitation agreement which caters for all
eventualities.
“Unlike pre-nuptial
agreements for married couples, cohabitation agreements are
recognised by the courts in England & Wales as being legally
binding. It is not yet established that pre-nuptial
agreements for married couples are binding in the
courts.
“In light of the
Government's decision not to give live-in couples the same rights
as married couples, there is perhaps a greater need for cohabiting
couples to make these agreements as they do not have the same
automatic protections as married couples. For
example, when a spouse dies their husband or wife gains
ownership of their estate in the absence of a
will.”
Cohabiting couples should seek
legal advice from their solicitor when
drafting cohabitation agreements, as often there is more
than a home that needs to be considered. Child care and other
assets need to be taken into account, as well as property
rights.
The Society also urges
cohabiting couples, in the absence of protections under intestacy
laws, to write wills to ensure their partner does not go
without should they pass away. Without a will it is
possible someone could end up with nothing from their partner's
estate.
Ends
Notes to editors:
The Law Society provides
guidance to couples living together
Contact: Steve Rudaini, The Law
Society
+44 (0)20 7316
5624