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In a groundbreaking survey conducted by family law group Resolution, it has been revealed that nearly half of unmarried couples are unaware of their legal vulnerabilities in the event of a breakup. Today, Resolution presents a visionary roadmap for the future of family justice, emphasizing the urgent need to reform cohabitation laws.

The findings from a comprehensive survey of 551 cohabiting individuals conducted by Resolution shed light on the alarming lack of legal awareness among unmarried couples. Astonishingly, 35% of respondents expressed concerns about potential homelessness, and one in three feared facing severe financial hardships if their relationships were to dissolve. The survey underscores the misconception that if a property is solely in one partner’s name, the other partner has no automatic claim in case of a breakup, leaving many vulnerable.

Notably, half of the surveyed couples have no plans to marry, with a third expressing a lack of belief in the institution of marriage. These choices, or the perceived inability to marry, should not exclude individuals from legal protection if their relationships come to an end, according to Jo Edwards, chair of Resolution’s family law reform committee.

In a parallel survey of over 200 family justice professionals, it was revealed that a significant majority encounter cases involving cohabiting couples at least once a month. Surprisingly, eight in 10 professionals reported that unmarried couples were often taken aback by their lack of legal rights. Astonishingly, only 14% of these professionals regularly work with clients to prepare cohabitation agreements.

Resolution’s ‘Vision for Family Justice’ blueprint emerges as a response to these alarming revelations, advocating for a much-needed reform in cohabitation laws. The proposal suggests that cohabitants meeting eligibility criteria indicating a committed relationship should automatically have the right to apply for specific financial remedies in the event of separation. Notably, couples would retain the option to ‘opt-out’ of this right if they so choose.

The existing legal framework presents challenges for unmarried parents, particularly the primary caregiver, who often struggle to secure childcare costs from the other parent. Resolution’s proposed scheme envisions potential awards that could include provisions for childcare costs. Additionally, cohabitants would be able to seek temporary maintenance to assist them in adjusting to the loss of financial support post-separation.

Beyond these critical points, the blueprint calls for increased public funding for early legal information, mandatory co-parenting programs at earlier stages of the separation process, and the fast-tracking of certain contested financial remedy cases.

In conclusion, Resolution’s blueprint is a clarion call for change, addressing the legal blind spots that unmarried couples face. As the organization looks toward the future, the reform of cohabitation laws stands out as a vital and widely supported initiative to ensure that individuals, regardless of their marital status, have adequate legal protections in the unfortunate event of a relationship breakdown.

source: Resolution’s family justice blueprint calls for cohabitation law reform | Law Gazette

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