Divorce Rate Falls

Published: 20th September 2007

Recently released statistics have shown that the divorce rate fell again in 2006 for the second consecutive year. One possible explanation is that more couples are choosing to live together rather than get married.

It is estimated that there are currently four million couples in England and Wales who are cohabiting. Many of them believe that as a "common law" husband or wife they have the same rights as married couples but this is not the case.

Although the Law Commission has recently put forward proposals to introduce rights for cohabitants, there is still no comprehensive legal basis for dividing assets when such couples separate.

This means that it is very important for any couple planning to buy a house together to take specialist advice when they do so to make sure that the way they own that property reflects their intentions. This could for example be relevant when one party has put more money into the initial purchase price.

Couples may also wish to consider a cohabitation agreement which can regulate issues such as joint investments, ownership of assets and what will happen in the event of the relationship breaking down.

When cohabitants do separate they need to ensure that their rights are protected as far as the current law allows and again need to ensure that they speak to a family law specialist solicitor.