Calls for the government to provide clearer guidance for cohabiting couples

A Cheshire-based family law solicitor is eager for the government to provide clearer statutory guidance for cohabiting couples to “lighten up the grey areas” of the current legal system.

The latest figures released by the Office of National Statistics (ONS) saw a 140 per cent jump in cohabiting couples, which rose from 1.5m in 1996 to 3.6m in 2021.

As a result, more children are now born to unmarried parents, who have limited rights over one another should the relationship break down.

Danny Hudson, partner and a member of the family department at Watsons Solicitors, said: “Evens. That’s the odds you would get if you put a bet on whether your marriage will last the distance to ‘death do us part’. 50/50. Would you take that bet?

“The truth is that although marriage is seen as a symbolic representation for some, and even an achievement in many ways for lots of people, it is outdated and unnecessary.

“Certainly, the statistics point to people getting married later in life – the average age is now 31 rather than 23 in 1970. 

“This means that 33 per cent of children are born to unmarried parents and people cohabit for long periods without being married.”

There is no obligation for one partner to pay maintenance or provide housing once a cohabiting couple have split. 

Danny continued: “It’s important to know what the legal implications for this societal shift are.

“The Matrimonial Causes Act 1973 has been the overarching statute on divorce, dealing with the factors to be considered by the court on separation, specifically income, capital, and pension division.

“The more recent developments in handling cohabiting couples’ assets can be found in Trusts of Land and Appointment of Trustees Act 1996. 

“These proceedings are much more common now; I have been involved in four or five this year, but they have one foot in civil proceedings rather than family proceedings and can be lengthy and expensive. 

“Financial applications can be made for the benefit of children which can deal with both capital and income provision, in certain circumstances, through schedule one of the Children Act 1989. 

“Again, these are becoming more and more common with the judiciary actively trying to find a methodology to apply a calculation upon which we can rely. It is very much a work in progress however, and we as practitioners seem to be on shifting sands.

“The reality is that there are remedies available for people to seek financial orders through the courts for cohabitees. However, they can be labyrinthine and expensive with the goalposts constantly shifting. 

“Undoubtably the reality of society should force the hand of the government to give us clearer statutory guidance for cohabitees and children so that we can lighten up the grey areas we currently operate in.”

To speak to someone at Watsons Solicitors about all aspects of family law, please contact enquiries@watsonssolicitors.com or call 01925 571212.

Watsons Solicitors, which has been established for more than 60 years, specialises in family law, employment law, wills and probate, and conveyancing.

The team of experienced solicitors holds various accreditations and memberships of professional bodies relevant to their expertise, while the firm’s partners oversee all areas of work.