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law for heterosexual couples
There is no such thing
as 'common law marriage'. Heterosexual unmarried couples
in England and Wales do not have the same legal rights
as married couples.
Some legal protection
can be gained through property and trust law principles,
but it is a complicated process that needs expert legal
guidance.
The law has been criticised
by many people as unfair so the Government asked
the Law Commission to review the law on cohabitation;
in particular, the remedies available to deal with the
financial consequences of when a cohabiting relationship
ends.
The Law Commission published their recommendations for introducing a new scheme of financial remedies for cohabitants in July 2007, but, even if the Government accepts their proposals, it could be a long time before the law is changed.
The Law Commission's report of recommendations, Cohabitation: The Financial Consequences of Relationship Breakdown, can be found here.
Scottish law is different
The legal information
on this website does not apply to Scotland - Scottish
law is different.
In Scotland new legal
rights to protect cohabitants (people who live together)
when their relationship breaks down or one partner dies
were introduced in May 2006 by the Family Law (Scotland)
Act 2006.
But, couples living together
in Scotland do not have the same rights as married couples
and civil partners.
Further information
A guide on living
together in Scotland, produced by the Scottish Executive,
can be found here.
Civil Partnerships for same-sex
couples
In December 2005, the Civil Partnership Act came into force, creating a completely new legal relationship allowing gay and lesbian couples to get legal recognition for their relationships by registering a civil partnership.
Any couple that registers a civil partnership in England, Wales, Scotland and Northern Ireland will gain access to legal rights and responsibilities in the same way as couples who marry.
Although the Civil Partnership Act 2004 covers the whole of the UK, there may be differences in the way the legislation is applied in Scotland and Northern Ireland. The information on this website reflects the law in England and Wales.
Information about civil partnership in Scotland can be found here. Information about civil partnership in Northern Ireland can be found here.
Further information:
A guide on civil partnerships
produced by the Women & Equality Unit can be found
here.
Information on how to
register a civil partnership can be found on the General
Register Office website.
Get Hitched - A guide to civil partnership produced by Stonewall can be found here.
Advicenow's guide Civil
Partnership & Living Together can be found here.
The full text of the Civil Partnership Act can be read here.
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