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Closing Legal Gaps in Modern Relationships for Resolution’s Awareness Week 2023

November 30, 2023 By Sophie McCabe

Resolution's Awareness Week banner

Marking their 40th anniversary, Resolution is pushing to accommodate the changing dynamics of modern relationships, bringing to light the pressing need for increased legal protection for cohabiting individuals. At Ann McCabe Solicitors, we are proud to support Resolution’s Awareness Week 2023, during which the organisation has launched its Vision for Family Justice, highlighting the changes its members want to see and aiming to create a system that is fit for the future. We echo the calls for legislative reform in support of cohabiting couples, an issue that directly impacts our clients.

Legal Disparities: Cohabiting Couples at a Disadvantage

The current legal framework places cohabiting couples at a significant disadvantage compared to their married counterparts in the unfortunate event of a relationship breakdown. Unlike married couples, cohabitees lack automatic rights in relation to their home if owned just by their partner, a stark reality that many are unaware of until it’s too late. A nationwide poll revealed that approximately half of cohabitees are oblivious to the limited rights they possess should their relationship come to an end.

59% of people polled expressed their backing for enhanced legal protections for cohabiting individuals. A staggering 74% of cohabitees agreed that the current laws surrounding cohabitation are inadequate for today’s modern society.

The anxieties expressed by individuals facing the end of a cohabiting relationship are tangible and varied. The fear of homelessness looms large for 35% of respondents. This highlights a critical issue – without legal provisions, one partner may have no automatic claim on a property, potentially leaving them without a place to live. Additionally, one in three respondents expressed concern about significant financial hardship, underscoring the profound implications of the current legal gaps.

Vision for Family Justice: Cohabitation Reform at the Forefront

House of Commons Library research indicates a substantial shift in relationship dynamics, with the number of cohabiting couples soaring from 1.5 million in 1996 to 3.6 million in 2021. According to recent Resolution polling, 83% of respondents believe that cohabitation will continue to rise in popularity in the future.

Resolution’s Vision for Family Justice, launched in Parliament this week, serves as a comprehensive guide advocating for much-needed reforms in several areas, with cohabitation reform taking centre stage. Grant Cameron, National Chair of Resolution, emphasised the importance of adapting our laws to the changing shape of families across England and Wales.

He said: “It’s great to have so much support across the country for our call for change… For 40 years, Resolution has been campaigning for reforms which help couples who separate to do so more amicably and constructively – which is why cohabitation reform is front and centre of our Vision for Family Justice. The shape of families across England and Wales is changing – and our laws need to keep up.”

As we align ourselves with Resolution’s call for change, we strive to be a beacon of support for local cohabiting couples. The urgent plea for legal reform echoes the commitment to ensuring that families facing separation or divorce can navigate the process amicably and constructively. In a world where relationships take diverse forms, the law must evolve to protect the rights and well-being of all individuals involved.

Phone 01782 627589 for free initial advice


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Filed Under: Financial claims, Legal advice, News, Separation, Uncategorized Tagged With: cohabitation, property rights on separation, resolutionawarenessweek

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