Falling marriage rate figures ‘a wake up call’ to co-habitees

Published: 8th April 2008

A leading North West law firm says figures released this week revealing marriage rates at their lowest level since records began, are a wake up call to the estimated two million couples who 'live together' in Britain.

Mace & Jones head of family law Carole Atkinson said co-habiting couples are 'sleep walking' into a financial minefield by overestimating their legal rights if their relationship breaks down.

"There is a real concern that marriages are becoming less popular because people are wrongly thinking that marriage makes little difference to a couple's legal status," she said. "The myth of the common law spouse still exists and many co-habiting couples may well believe that their rights are similar, if not the same, as if they were married. This is fundamentally wrong.

In fact when co-habiting couples separate, their rights are far more limited than if they had been married. It is critical people living together are aware of this."

Ms Atkinson said the law covering the breakdown of co-habiting couples is immensely complex which frequently leads to settlements which are considered unsatisfactory and unfair.

"A divorcing spouse can make claims for personal maintenance, pension sharing orders, payment of lump sum orders and for properties to be transferred to them. However a separating cohabitee will find their claims are much more limited. There is no right to claim maintenance for themselves, ask for a lump sum or have orders made against a pension. Claims for orders in relation to properties are also very much more limited."