New Law Plan for Unmarried Couples Living Together

The UK government is planning a big change for unmarried couples who live together. They want to give these couples more rights if one partner dies or they break up.

Currently, unmarried partners in England and Wales have no automatic right to inherit from their partner, no matter how long they lived together. Expert Paul Lewis says the proposed changes could be very helpful. To qualify, couples must have lived together for at least three years, unless they have children.

Paul Lewis said the government has published plans to give unmarried couples more financial rights. Many couples in England and Wales live together without being married.

If an unmarried couple's relationship ends or one partner dies, they have almost no legal rights to share or inherit money or property.

The new proposals would change this. The government thinks the current system is outdated and doesn't protect unmarried couples enough. Under the new rules, individuals could get some of the money from selling a shared property.

Government officials say problems happen when couples separate and one partner depends on the other financially. The proposals would help couples achieve financial security, including those who have experienced domestic abuse.

The government wants to look at how domestic abuse affects finances when couples are married or living together.

They also want to help bereaved partners who are left uncertain about their financial situation. They might give cohabiting couples automatic inheritance rights if one partner dies without a will.

The government proposes making pre-nuptial and post-nuptial agreements legally binding. This would ensure that couples' financial wishes are respected if they divorce. A 10-week consultation has started on these proposals.

Paul Lewis said some people think that after a certain time, there is something called a common law marriage.

Joanne Edwards said many people still believe in the common law marriage myth, which is a problem. The government's proposals could help solve this issue.

Joanne Edwards explained that the definition of a cohabiting couple is important. The government says it would be two people living together in a long-term family relationship.

There will be a checklist to determine if a couple is eligible. They must have lived together for at least three years, unless they have children.

Paul Lewis asked about living arrangements and when the three-year period would start. Joanne Edwards said the checklist would consider the degree of permanence and public perception of the relationship.

Joanne Edwards said this type of legislation already exists in other areas, like adoption. It's not a new concept, and other countries have similar laws.

Paul Lewis asked about the rights couples would have under the new proposals. Joanne Edwards said they would be limited, focusing on basic needs, and marriage would still be prioritized.

Inheritance tax is not included in the proposals. Paul Lewis thinks this is silly, but Joanne Edwards is grateful for any proposals that address the issue.

If an unmarried couple doesn't have a will, they would have more rights under the new rules. However, they would need to meet certain criteria, like living together for five years or having children.

The consultation is open for 10 weeks. The government wants input from the public, legal experts, and others. Deputy Prime Minister David Lammy said the goal is to create a fair system that protects vulnerable people.

David Lammy said the laws should work to protect people who have been bereaved or escaped domestic abuse. The reforms aim to balance tradition and modernity.

The justice system should work for everyone who needs it.

To listen to the Moneybox program, click here.

To read the consultation document, click here.

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