Recent figures from the Office for National Statistics (ONS) have shown that cohabiting families are the fastest growing family type in the UK.
The figures, which come from the ONS’s Household and Families 2014 report show that the number of cohabiting couples grew by just under 30%, the fastest growing family type from 2004-2014. 16.4% of all families living in the UK were cohabiting, with 84,000 being same sex families.
Same Legal Rights?
According to the figures from the ONS, there had been a 3% rise in the number of cohabiting couples in the UK from 2004 to 2014. 51% of respondents to the British Social Attitudes Survey in 2008 thought that unmarried couples who live together for some time most probably have the same legal rights as a married couple in a “common law marriage”. Despite those surveyed believing that cohabiting couples had the same rights as married couples, it is not legally the case.
The figures from the ONS found that there were 12.5 million married couples living in the UK, the most common type of family, with 2 million lone parents.
Cohabitation Rights Bill
Although unmarried couples that live together do not have the same legal rights as married couples, the Cohabitation Rights Bill looks to amend the legal rights of cohabiting families. The Bill, which is in the early stages of passing through the UK Parliament, will look to provide certain protections for couples who live together and to make provision about the property of deceased persons who are survived by a cohabitant.
Following the figures from the ONS, family legal expert Alison Hawes said: “The idea of a common law partner whereby people simply living together have the same rights as married couples is currently a myth and it is about time the out of touch cohabitation laws were brought up to date.
“Many people in this situation don’t know that they are not well protected in the event of a separation and we have seen examples of people literally being left out in the cold because they have been evicted from a house they have shared with their partner for years.
“The latest statistics are further evidence of how the world is changing and people are now living their lives differently to 10, 20 years ago.”
She added: “Legislation in this area has not moved with the times and this means couples who live together have very few rights in law in the event of relationship breakdown.
“The only way for couples to protect themselves and their assets in the event of a split is to prepare a cohabitation agreement or property ownership document”
“It is very similar to a pre-nuptial agreement, and enables both parties to ensure they state clearly how their assets should be divided in the event that their relationship does sadly come to an end.”
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If you require a cohabitation agreement or property ownership document, or any advice from our team of legal experts on any aspect of family law, contact us today using our online contact form.
