The Myth of Common Law Marriage
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The Myth of Common Law Marriage
Family law partner, Tony Roe, has had his letter to the editor of the Newbury Weekly News published on the topic of the Myth of Common Law Marriage:
Dear Sir,
A recent Parliamentary report found that there is a common misconception that cohabiting couples automatically gain rights by living together.
A 2019 British Social Attitudes Survey demonstrates the prevalence of this ‘common law marriage myth’. Almost half (46%) the total England and Wales population wrongly assumed cohabitants living together form a ‘common law marriage’. In households with children, 55% of people believed in common law marriage.
The solicitors’ family law association, Resolution, has just launched its Vision for Family Justice and commissioned research which shows that 59% of people polled back better legal protections for cohabiting people.74% of cohabitees agree that the current laws surrounding cohabitation are unfit for today’s modern society.
As a solicitor and a cohabitee, I agree with Resolution’s call for a change in the law to ensure cohabiting couples in the Newbury area and elsewhere are not left in dire financial straits should their relationship come to an end.
Yours sincerely,
Tony Roe
Our key contacts at DMP for further advice and assistance on cohabitation disputes and living together agreements are Stephanie Alderwick and Tony Roe:
stephanie.alderwick@dextermontague.co.uk
Telephone 0118 939399.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
The report found that 46% of those in England and Wales assume cohabitants living together form a 'common law marriage', rising to 55% of households with children. This erroneous belief can have 'significant consequences', with many falsely believing they have legal protections which turn out to be non-existent.
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