Press Room
Matrimonial lawyers call for change in law for cohabiting
couples
A survey by Grant Thornton found that 45% of matrimonial lawyers
surveyed call for a change in legislation for cohabiting couples.
This year's survey has shown that lawyers are increasingly
concerned about the treatment of cohabiting couples in the eyes of
the law, with some lawyers pushing for the Cohabitation Bill to be
supported by Government and enacted.*
15% of respondents said that cohabitation was the biggest issue
facing matrimonial law at the moment in particular the legal
uncertainty that surrounds cohabitating couples.
"With a rise in couples cohabiting, we are now seeing a growing
number of lawyers demanding clarity and guidance over the issue of
cohabitation and couples' rights if they do separate," says Robert
Kerr, Forensic Partner at Grant Thornton.
"The major issues for cohabiting couples are custody of
children, rights and share of property upon separation and the
question of inheritance upon the death of one partner. In the eyes
of the courts "common law marriage" does not hold the same legal
rights for cohabiting couples as it does for married couples
however many cohabiting couples often do not realise this until it
is too late," continues Kerr.
The level of cohabitation agreement advisory work has levelled
out for matrimonial lawyers following a sharp increase last year.
This year only 39% of lawyers have said the volume of cohabitation
agreement advisory work has increased compared to 65% in the
previous year.
Pre-nuptial agreements still riding high
59% of lawyers advise on prenuptial agreements more than other
types of agreements. This compares to 36% of lawyers who primarily
advise on cohabitation agreements and only 2% of lawyers advising
primarily on pre-civil partnership agreements.
"As more and more couples are bringing more individual wealth
into a relationship they are seeking to protect their assets,
ensuring that upon separation each leaves the partnership with the
assets that they entered with. I can only imagine that this trend
will continue to rise particularly in an economic downturn when
people will feel increasingly vulnerable about their financial
position," concludes Kerr.