If you live together and are not married, do you have the same rights as a married couple?  No.

Is there such a thing as a ‘common-law wife’?  No.

Some people may be shocked by this but it remains a fact that marriage provides financial protection not available to unmarried couples.  As a result of cohabitees not having the same rights, it is normally women that tend to lose out under the current system.

This has recently been recognised by Sir Nicholas Wall, who is President of the Family Division of the High Court.  He has said:

 ‘Judges should be able to decide on claims when dividing up assets of couples who lived together.’

 ‘The Courts would be more sympathetic to a claim for rights where a couple had lived together for a long time.’

 ‘I am in favour of cohabitees having rights because of the injustice of the present situation.’

 ‘Women cohabitees, in particular, are severely disadvantaged by being unable to claim maintenance and having their property rights determined by the conventional laws of trust.’

 ‘If cohabitation has been short and the contribution minimal, judges would not be sympathetic to a claim.’

 He was ‘disappointed’ the government had not acted to bring about the changes recommended by the Law Commission in 2007 for new legal rights for people living together in long term relationships.

 He denied that the moves he was proposing may undermine the institution of marriage. ‘Marriage undoubtedly remains the most stable relationship for bringing up children and for support’.