Family law expert believes the government’s proposed commitment to supporting cohabiting couples during a relationship breakdown is a “long time in the making”.
A 10-week government consultation gets underway today (5 June) with the hope it will give unmarried couples greater financial protections when a relationship ends.
Family partner at Knights, Zoe Rose said:
“This is something that's been a long time in the making. Those of us working in the family justice field have been campaigning for 30 plus years about this and the recognition needed for couples who live together but not marry/enter a civil partnership or those having children together.
“The government announced in their manifesto an acknowledgment of the shortcomings of the current system with a recognition that protections are missing. They’re now focusing on this with a professional consultation having already taken place into how we think the system should work. There’s also been an assessment of how other counties handle these issues around the world with societal norms changing when it comes to how people are decision to live their lives – with more children being born to unmarried parents. This public consultation will hopefully iron out a lot of the details as it will impact a vast number of people.
“In all, it is welcome news and I hope it puts in the base level of protection for everybody, whilst giving people the option to talk about and opt out of that if they choose to do so.
“There has, for a long time, been an assumption that people are actively choosing not to marry and not to civil partner because of the legal, tax and related implications that come with that. However, what I see on the ground is that's not what happens at all.
“People don't realise that there is a huge difference and simply get on with living their lives. Sadly, because they choose to spend their money on living a life together rather than on a big wedding ceremony or similar not knowing the danger they are putting themselves in.
“For me, I think the biggest change that could come from this is making sure that however your family is set up, that base level of protection is going to be there and then you have a choice from there. If you want to keep those in place, you keep them in place. If you want to do something slightly differently and set your own parameters for your relationship and how things are going to work, you can do that.
“This consultation is important because it’s been such a long time coming. There are some commentators who have talked about it being a once in a generation event, but I would go further and say we have been talking about the need for this change for two or three generations.
“I certainly don't want to be sat here in another 5 or 10 years' time having to give the difficult conversations with clients (predominantly to women) that I have to give at the moment. All too often, I find myself advising clients that despite giving up your career, staying at home, looking after the children that because you weren't married or in a civil partnership, you don't have the same protections, and your ex doesn't have the same obligation to financially support you.
“I just think that's bonkers given how most families these days are structured and the big decisions that are still being made for the good of the family within a relationship that are completely ignored and overlooked when that cohabiting relationship finishes.”