Member Article

Taylor&Emmet finds in favour of cohabitation rights

Sheffield’s Taylor&Emmet LLP is calling for cohabitees to be recognised in law, after 67% of its Twitter followers thought they should have the same rights as married couples.

The solicitors polled Twitter users to find out if they thought cohabiting couples deserve equal status to divorcing married couples and the majority were in favour.

Currently, cohabitation is not recognised by UK law, regardless of how long the parties have lived together, giving them no legal protection if the relationship breaks down. However, when Taylor&Emmet asked respondents if unmarried couples were entitled to half of everything if they split up, 44% believed they were.

Michaela Heathcote, head of Taylor&Emmet’s family law team, said: “The ‘common law’ myth is a huge problem. Cohabiting couples come to us at the end of a long-term relationship expecting assets to be shared equally, but unfortunately, if they aren’t in joint names, it requires court action to redress the balance. In situations where one party has given up work to look after children, for example, this can leave them in dire financial circumstances.

There are measures couples thinking about living together can take to protect their rights, such as a Cohabitation Agreement. This an official record of the division of capital and possessions brought to the relationship in the event of a separation. It sets out how assets should be divided and clarifies how day-to-day finances are to be managed.

Michaela added: “Whilst society is happy for us to live as we choose, the law has not yet caught up. Change is long overdue and it is our belief that cohabitation should be given the recognition it deserves. Until then, we would urge unmarried couples to make sure they understand the legal limitations of their situation and take proactive steps to protect themselves.”

For more information about the family law services available at Taylor&Emmet, telephone (0114) 218 4000, visit www.tayloremmet.co.uk or follow the firm on Twitter, @tayloremmet.

This was posted in Bdaily's Members' News section by Nina Sorby .