Common law? Make it law!


There is a common misconception that cohabiting couples have ‘common law’ rights. But no matter how long you might live with your partner and share a home, and no matter whether you have children together, if you are not married you would have very limited claims on your partner for financial assistance if your relationship came to an end.

The Liberal Democrat Peer, Lord Marks, recently brought a new Cohabitation Rights Bill to the House of Lords, in a move to try and change that

Recommendations for legal protection for cohabitating couples were made by the Law Commission in 2007. These were rejected by the government only two years ago, yet many would still welcome reform because it would provide a legal framework for couples who are not married or in a civil partnership, if the relationship breaks down.

Under Lord Marks’ proposals, cohabitants who have lived together for more than two years, or who have had children together, would be given similar but more limited rights to those of married couples. They would also have the right to opt out of the scope of the proposed laws, provided that they have received independent legal advice about doing so (in a similar manner to the way a prenuptial agreement works).

The proposal aims to address an inherent injustice; the crucial factor will be whether the government remain indifferent to the call for reform.

Share this article

Blog Filters
Use our handy blog filters to find what you’re looking for quickly. Search by category or tag.

Filter blog

Contact us

Head Office:
Andrew Isaacs Law Ltd
Unit 7, Atlas Business Park,
Balby Carr Bank, Doncaster,

01302 349 480

Melton Mowbray Office:
Pera Business Park,
Nottingham Road,
Melton Mowbray,
Leicestershire, LE13 0PB

01664 896 218

Gainsborough Office:
Mercury House Business Centre,
Willoughton Drive,
Foxby Lane Business Park,
DN21 1DY

01427 318 112

Leighton Buzzard Office:
Market House
25 Market Square
Leighton Buzzard

01525 574 473

Call us now, our phone lines are open 24 hours a day, 7 days a week 01302 349 480 or fill out our enquiry form here