The Law Commission speaks again on the rights of cohabitants

Under suggested reforms announced this week by the Law Commission, couples that have cohabited for at least two years would inherit at least some of their partner’s estate if their partner were to die without leaving a will.

This once again focuses public debate on the rights of those who cohabit but are not married. The Law Commission previously published their report to Parliament on 31^st July 2007 containing their recommendations regarding the law affecting cohabitants' property and finances when relationships break down. This was after a wide consultation process with numerous organisations and family law solicitors. As yet none of these recommendations have been implemented.

Here at Pannone, together with other family law solicitors, we often find that we are approached by clients who were not aware that there is no such thing as ‘a common law marriage’ in England and Wales.

Presently, couples who cohabit do not enjoy the same legal rights as a married couple, which means that on separation they do not have the same legal remedies available to them. It is therefore imperative that couples who cohabit seek legal advice from family law solicitors who can assist in clarifying their legal position and can advise on the steps they can take to protect themselves.