UNMARRIED couples face the risk of losing everything if their relationships break down and should take steps to protect themselves and their families, a Farnham lawyer has warned.

Arabella Turner is a family lawyer at JLS Solicitors in Farnham and spokesperson for Resolution, an organisation of 6,500 family lawyers and other professionals in England and Wales who believe in a constructive, non-confrontational approach to family law matters.

As part of national Cohabitation Awareness Week Resolution joined with a range of organisations in calling for legal protection for these increasing numbers of people in the event of separation.

Last month, MP Caroline Lucas tabled an early day motion titled ‘Legal rights for cohabitees who separate’, to date, signed by MPs Peter Bottomley, Stephen Lloyd, Caroline Lucas, Layla Moran, Liz Saville Roberts, Christopher Stephens, Jo Swinson.

“It’s a start, but until the law changes, cohabiting couples in the South need to be aware of their lack of rights, and consider taking measures to protect themselves in case their relationship breaks down,” said Arabella.

“Many people mistakenly believe that if couples live together for long enough, or after having children, they become ‘common law spouses’ and automatically develop legal responsibility to support each other financially. This is a widespread misconception. 

“If they split up, the courts cannot divide finances or property between the two, just because it might be fair.

“Parents do have financial obligations towards any children they may have, but there are no equivalent responsibilities for a partner.

“Partners are not entitled to financial support even if one partner – often the mother – has given up or reduced work to raise children. This means that person could be left with no financial security, without a home and with no access to pensions or savings.”

Living together is becoming more common. There are 3.3 million cohabiting couples in the UK - one family in five. It is the fastest growing family type.

Arabella continued: “There are many reasons couples may choose not to marry, however most don’t realise that they are leaving themselves in a precarious situation.

“We’re campaigning to reform the law, but, in the meantime, it’s important to raise awareness so these families are able to protect themselves.”

According to Arabella, issues for cohabiting couples whose relationships have broken down are often centred around two factors: finances and property, and the lack of automatic rights of inheritance.

“It is not always clear who owns what when a relationship ends,” she said. “Whereas married couples who divorce can have their property legally divided, unmarried couples without proof of ownership do not have the same rights.

“For example, Fred is named on the deeds to the house and Vera is not, but she has contributed by paying food and utility bills for years. If they split up Vera has no legal protection.

“Unless specifically named in a will, or if a valid will has not been created, a cohabiting partner may not be entitled to share in or make claims on their deceased partner’s estate, depending on how long they have been living together.

“The law doesn’t provide basic protection, so couples in this situation must take action to protect themselves and their family.”

Arabella lists a number of ways to do this:

• A cohabitation agreement will set out both partners’ intentions around property, finances and how they would support their children if they separate.

• If acquiring property jointly, ensure both names are on the deeds to the house, and enter into a declaration of trust if parties intend to own in unequal shares.

• Taking out life insurance and creating a will are also recommended.

Arabella added: “These are standard ways to document a couple’s intentions, but everyone is different, so couples should seek professional advice.”