UK: Nearly half of unmarried couples unaware they lack legal rights, says survey

According to a poll of 551 cohabitees, 35% of respondents feared they would be left homeless and one in three feared significant financial hardship in the event of a break up.

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Nearly half of unmarried couples do not know they lack certain legal rights should they split up, according to a survey by British family law group, Resolution. 

According to a poll of 551 cohabitees, 35% of respondents feared they would be left homeless and one in three feared significant financial hardship in the event of a break up. 

Resolution points out that if a property is in one partner’s name, the other partner has no automatic claim on the property in the event of a break up. Half of respondents do not plan to get married. A third do not believe in marriage, the survey found. 

In a separate survey of over 200 family justice professionals, most deal with cases involving cohabiting couples at least once a month. Eight in 10 reported that unmarried couples were surprised by their lack of legal rights. Only 14% often work with clients to prepare cohabitation agreements.

Jo Edwards, chair of Resolution’s family law reform committee, said: 'This research has a very clear message - that many people do not want to get married or feel unable to do so. Those choices - or lack of choices - should not exclude them from legal protection if their relationship comes to an end. As Resolution looks to the future, it’s clear that reforming the law around cohabitants rights on separation to ensure they have proper legal protections is both vital and widely supported.’

Under current UK law, the vast majority of unmarried parents who are the primary carer cannot secure childcare costs from the other parent to enable them to work.