Cohabiting Couples Beware!

"Im never getting married again" is a cry commonly heard from a newly divorced spouse, emotionally hurt by an acrimonious ending to a one-time happy relationship. Even couples who have not been in previous marriages are deciding, in increasing numbers, for whatever reason not to "tie the knot".

Unfortunately, not being in a state of marriage is no guarantee that a relationship will not break down in the future and if such a breakdown occurs, sorting out the aftermath is often a lot more difficult than it would have been had there been a formal marriage.

This is because there is a well developed legal structure which is useful when "unravelling" the family and financial consequences of a broken marriage (family courts, legislation, legal precedents, practice and tradition). There is currently no such structure to assist in the unwinding of a less formalised relationship.

Some people mistakenly believe that there is such a thing as a "common law spouse" akin to an actual spouse and therefore subject to the developed legal structure described above. Furthermore, according to Resolution (formerly the Solicitors Family Law Association) , for six out of ten couples who live together, this belief leads to the conclusion that if they split up they will have the same protection and rights as married couples.

Both beliefs are wrong.

Therefore if you are not married and own your home or other property jointly (or think you own it jointly) the breakdown of your relationship will invoke property laws, not divorce laws. Thus you might have difficulty in obtaining what you may believe is your fair share if, for example, the property in which you live is held in your partners name or in joint names but your respective interests are not properly documented.

Other "complications" may also follow including confusion as to any rights and responsibilities regarding children of the relationship. Therefore if you are determined not to marry you should at least consider seeking legal advice and drawing up a cohabitation agreement with your partner at any early stage so that you agree on some of the things which will happen should your relationship end before death do you part.