Head of family court calls for fairness – whether married or not
The laws in relation to married and cohabiting couples are vastly different ; this needs to be changed
The head of the family courts has called the difference in the laws relating to married and cohabiting couples an “injustice”. At the moment, cohabiting couples do not have anything near to the same entitlements as married couples do when they separate. This is regardless of how long the couple has been together, whether they have children or own property.
There is some protection and claims can be made when unmarried couples separate (such as for the benefit of children, or in relation to property) but the scope is much smaller.
A proposed change in the law has been bouncing around Parliament for many years but nothing has ever happened. How would you determine whether a couple were cohabiting? What if they shared a house as housemates and had a brief relationship? Should that be treated the same as marriage? On the other hand, should people who have got married in Vegas and separated 3 hours later have more rights than a couple who have lived together for 30 years and raised a family together? It’s a tough one.
What we will point out is that there are claims that can be made for the benefit of children, and we can assist with matters concerning property when people are not married. We can discuss your situation with you to see if we can help you. Do not hesitate to contact us on 023 92 492967.