A family solicitor at regional law firm Goughs has backed a call for more legal rights for unmarried couples.
Gouchs partner Ross Phillips, pictured, said the move by Resolution, the family justice body, had received overwhelming support in a national poll, which also showed that around a half of people cohabiting are unaware that they lack the same rights as married couples if they split up.
The plea for change by Resolution forms the centrepiece of its Vision for Family Justice report, which also marks its 40th anniversary.
Ross, who is based in Goughs’ Melksham office, is a member of Resolution along with a large number of family solicitors in the Bath area, who have also welcomed the research showing most people back a change in the law.
Cohabiting currently have few or no rights in the event of a relationship breakdown and, unlike married couples, there is no mechanism for splitting assets.
This is despite a huge growth in the number of couples and families who cohabit rather than marry.
The number soared by 144% from 1.5m couples to 3.6m in the 25 years to 2021. The Resolution polling showed 83% of people believe that cohabiting will become even more popular in future.
As well as revealing that around half of cohabitees are unaware they lack rights should they split up, it also showed that 35% fear having nowhere to live – if a property is in one partner’s name the other partner has no automatic claim on it in the event of a break up.
In addition, one in three said they feared significant financial hardship.
Other findings show that 74% of cohabitees agree that ‘the current laws surrounding cohabitation are unfit for today’s modern society’, while 59% of people back better legal protections for cohabiting people and 75% of Resolution members support a change in the law to provide basic rights to cohabiting couples.
Ross Phillips said the research demonstrated the urgent need for greater legal protection.
“Many cohabitees believe they are protected by ‘common-law marriage’ – but this is a myth and, sadly, they only discover this once it is too late,” he added.
“That’s why I’m joining Resolution’s call for a change in the law to ensure cohabiting couples are not left in dire financial straits should their relationship come to an end.”
The call came as Resolution launched its Vision for Family Justice in Parliament, highlighting a number of areas where reform is needed in order to better help families who are facing separation or divorce.
Resolution national chair Grant Cameron said: “It’s great to have so much support across the country for our call for change from people like Ross.
“For 40 years, Resolution has been campaigning for reforms which help couples who separate to do so more amicably and constructively – which is why cohabitation reform is front and centre of our Vision for Family Justice.
“The shape of families across England and Wales is changing – and our laws need to keep up.”
Goughs has seven offices across Wiltshire, including in Chippenham, Trowbridge, Melksham and Corsham.
Established in 1882, the firm employs more than 100 people providing legal services for both individuals and businesses including divorce & separation, arrangements for children, employment, wills, trusts & probate, commercial & residential property services and real estate & corporate services.
