Cohabiting couples are the fastest growing type of family, according to official figures. Apparently, the number of cohabiting couples more than doubled between 1996 and 2016 (from 1.5 million to 3.3 million), representing 1 in 5 families that share this dynamic. The number of couples choosing to live together without marrying or entering into a registered partnership, often referred to as a « common-law partnership, » increased by 137% between 1996 and 2020. Marriages decreased by 3.3% (234,795) in 2018 compared to 2017. The marriage rates for opposite-sex couples were 18.6 marriages per 1,000 single women and 20.1 marriages per 1,000 unmarried men, the lowest on record (source: Office for National Statistics). In some situations, such as when you go to the hospital or fill out a life insurance form, you may be asked to provide the name of your next of kin. Close relatives have no legal significance, but in practice, hospitals and other organizations generally recognize spouses and close relatives as relatives. However, sometimes couples who live together are not recognized as next of kin. Although campaigns are under way to reform the current system and create a level playing field, there are still large differences between the rights of married and cohabiting couples. To be eligible, cohabiting couples must have had a child together or have lived together for a minimum period. Couples could opt out of the system through a written agreement.
In Northern Ireland, life partners enjoy legal protection in some areas, but they have fewer rights and obligations than couples who have married or entered into a registered partnership. Lucia Mills, partner, specializes in cohabitation issues between unmarried couples who own property together. Cohabiting couples have no legal obligation to support each other financially, neither during life together nor when they separate. Nor do they automatically share ownership of your assets, savings, investments, etc. The total number of cohabiting couples increased from about 1.5 million in 1996 to about 3.5 million in 2020, an increase of 137%. In 2020, 18% of cohabiting couples were more likely to live together than married or in a registered partnership. Trends differ between opposite-sex and cohabiting same-sex couples. You are not entitled to state benefits such as bereavement or a state pension based on your former partner`s social security contributions. The right to a private pension or life insurance depends on whether the conditions of the respective system create rights for a cohabiting partner. Even if a plan is not suitable for cohabiting couples, plan administrators or a union representative may be able to help you if you want benefits to go to your partner. If you inherit money or property from an unmarried partner, you are not exempt from inheritance tax like married couples.
Many couples choose to live together on the mistaken assumption that the terms of « common-law marriage » will protect their interests. Unfortunately, « common-law marriage » simply does not exist. For couples in England and Wales, this means that cohabiting partners do not: in the meantime, couples who are considering moving in together, who are not yet married or who have not yet entered into a registered partnership should consider a cohabitation agreement. This does not exist, and many unmarried couples who live together assume that after a long period of cohabitation, they will have the right to claim a share of their partner`s property if they separate. Many couples believe that moving in together creates a common-law relationship that gives you the same rights as if you were married. This is not the case – the concept of de facto marriage has no legal validity in the UK (although cohabiting couples in Scotland have certain fundamental rights when their partnership ends). In July 2007, the Legal Affairs Committee published a report examining the financial consequences of ending cohabitation. The Commission recommended the introduction of a new legal regime for « financial relief in the event of separation ». This would be based on the « eligible contributions » that each partner has made to the relationship, which would have some permanent consequences at the time of separation. « Eligible contributions » can be financial or otherwise, such as custody of both parties` children. The spouses are taxed independently and each partner can claim a personal deduction. Married couples can also apply for either the marriage allowance or the married couple`s allowance.
You can only claim the Married Couples` Allowance if at least one spouse was born before April 6, 1935. There is a common misconception that cohabiting couples have the same rights as married couples or couples in civil partnerships. Some couples have a « cohabitation agreement » that spells out what they want to do when the relationship ends. The parties are encouraged to seek legal advice on the terms and intended effect of a proposed agreement. The proposed amendment will give couples with children or couples without children who have lived together for two years or more the right to claim financial compensation. If a cohabiting couple separates, completely different considerations apply: their aim is to help cohabiting couples from the outset to ensure their legal protection and, in case of problems, to advise separated couples on how to reach an agreement. She will always avoid going to court if possible. All couples, whether married or cohabiting, are treated equally when tested for most social benefits, the Work Tax Credit or the Child Tax Credit.
