FAMILY LAW
LARGE GROUP 7
Student Guide
Cohabitation
Context
Although outnumbered by marriage, today cohabitation is commonplace and yet
amongst the population as a whole there is a lack of knowledge and understanding
of the rights and responsibilities between cohabitants. It is true to say that
cohabitants rarely seek advice on their legal position as a whole and instead only
instruct lawyers when there is a specific need – for example when buying a house.
In this Large Group you will begin to explore the law relating to cohabitation. You
will look at the differences which exist in the treatment of cohabitants compared to
that of married couples/civil partners. You will see that in many respects the issues
facing cohabitants are the same as those facing married couples, but the way in
which the law addresses those issues can be very different indeed.
Outcomes
By the end of this Large Group you should be able to:
1. Identify the main differences in the legal treatment of cohabitants and married
couples/civil partners.
2. Identify the main legal issues which arise for cohabitants when their relationship
breaks down.
3. Outline the statutory framework surrounding financial responsibility for the
children in a cohabiting family.
1. Introduction
Cohabitation – living together
3.3 million cohabiting families according to ONS
Double that in 1996
Fastest growing family type in UK
But married couples are still the most common
2. Defining Cohabitation
, 3. Cohabitation v Marriage
Don’t know when cohabitation starts/exists
So when will protection start
Different reasons for cohabitation
Drift into cohabitation for marriage later but don’t really get into it
Conscious decision that they don’t want rights to kick in
Marriage has special status
It has rules
Cohabitation has more freedom but less rules
It used to be even as living in sin, law hasn’t changed attitude
Cohabiters don’t have no duty during relationship to provide each other with financial
support
If they separate they can’t apply maintenance for themselves
S30 FLA 1996 – gives married couples family home rights – statutory automatic right
to occupy matrimonial home even when owned solely by other spouse
Doesn’t apply to cohabiters
Intestacy rules – when some one dies without will these kick in, decide who inherits
estate – a spouse is always on top of the list, cohabiters aren’t – they would get
nothing automatically
Inheritance act 1975 – both can apply for financial provision from a deceased
partners estate but rules are more generous for a spouse
Domestic act 1976 – gave them protection form domestic violence
Falmily law act – allowed both. Spouses and cohabiters to apply for NMO and
occupation orders etc.
Have defined cohabitation differently
A claim under inheritance act - cohabiters need to live together for 2 years
immediately before partners death
No minimum years co-habitation – under FLA for protection from domestic violence
Inheritance (Provision for Family and Dependants) Act 1975
Domestic Violence and Matrimonial Proceedings Act 1976
Family Law Act 1996
4. Relationship Breakdown
Some cohabiters have made a choice not to get married based on knowledge of
rights
However, most people are ignorant to these rights
Cohabitors have to fall back on trust and land law when it comes to the family home,
which is their biggest asset
The title deeds will show legal owner and in what shares
Constructive trusts
Might be only solution if the property is in only one persons name, meaning they own
the legal estate and they need to show they have beneficial interest
LARGE GROUP 7
Student Guide
Cohabitation
Context
Although outnumbered by marriage, today cohabitation is commonplace and yet
amongst the population as a whole there is a lack of knowledge and understanding
of the rights and responsibilities between cohabitants. It is true to say that
cohabitants rarely seek advice on their legal position as a whole and instead only
instruct lawyers when there is a specific need – for example when buying a house.
In this Large Group you will begin to explore the law relating to cohabitation. You
will look at the differences which exist in the treatment of cohabitants compared to
that of married couples/civil partners. You will see that in many respects the issues
facing cohabitants are the same as those facing married couples, but the way in
which the law addresses those issues can be very different indeed.
Outcomes
By the end of this Large Group you should be able to:
1. Identify the main differences in the legal treatment of cohabitants and married
couples/civil partners.
2. Identify the main legal issues which arise for cohabitants when their relationship
breaks down.
3. Outline the statutory framework surrounding financial responsibility for the
children in a cohabiting family.
1. Introduction
Cohabitation – living together
3.3 million cohabiting families according to ONS
Double that in 1996
Fastest growing family type in UK
But married couples are still the most common
2. Defining Cohabitation
, 3. Cohabitation v Marriage
Don’t know when cohabitation starts/exists
So when will protection start
Different reasons for cohabitation
Drift into cohabitation for marriage later but don’t really get into it
Conscious decision that they don’t want rights to kick in
Marriage has special status
It has rules
Cohabitation has more freedom but less rules
It used to be even as living in sin, law hasn’t changed attitude
Cohabiters don’t have no duty during relationship to provide each other with financial
support
If they separate they can’t apply maintenance for themselves
S30 FLA 1996 – gives married couples family home rights – statutory automatic right
to occupy matrimonial home even when owned solely by other spouse
Doesn’t apply to cohabiters
Intestacy rules – when some one dies without will these kick in, decide who inherits
estate – a spouse is always on top of the list, cohabiters aren’t – they would get
nothing automatically
Inheritance act 1975 – both can apply for financial provision from a deceased
partners estate but rules are more generous for a spouse
Domestic act 1976 – gave them protection form domestic violence
Falmily law act – allowed both. Spouses and cohabiters to apply for NMO and
occupation orders etc.
Have defined cohabitation differently
A claim under inheritance act - cohabiters need to live together for 2 years
immediately before partners death
No minimum years co-habitation – under FLA for protection from domestic violence
Inheritance (Provision for Family and Dependants) Act 1975
Domestic Violence and Matrimonial Proceedings Act 1976
Family Law Act 1996
4. Relationship Breakdown
Some cohabiters have made a choice not to get married based on knowledge of
rights
However, most people are ignorant to these rights
Cohabitors have to fall back on trust and land law when it comes to the family home,
which is their biggest asset
The title deeds will show legal owner and in what shares
Constructive trusts
Might be only solution if the property is in only one persons name, meaning they own
the legal estate and they need to show they have beneficial interest
