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The commission plans to propose a number of far-reaching changes as a result.
There is no such thing as a “common law” husband or wife, although 60% of Britons believe otherwise.
When a marriage ends, matrimonial legislation means courts can deal with financial arrangements such as property and maintenance if necessary.
They have the power to decide on a fair distribution of the couple’s assets, taking into account a number of factors such as the wife’s contribution to the household in bringing up the couple’s children.
However, where a couple are only cohabiting and the relationship ends, there is no legal provision for the payment of maintenance and no notion of fairness built into the law — irrespective of how long they have been living together.
Even being awarded a share in any property depends on being able to establish ownership, based on either proof of financial contribution or a legal document setting out what proportion of the property each person owns.
Jessica Litten of the Law Commission said: “We are expecting to start looking at what legislative changes to suggest to the government in July. The current rules can leave parents — and children — facing financial hardship in the event of a relationship breakdown and are therefore unsatisfactory.”
Emma Jackson lived in London with her boyfriend, Will Sanderson, for 20 years before their relationship came to an end when he began seeing another woman.
Jackson, 54, said: “We had a great relationship for 20 years and it never really bothered me that we weren’t married. However, when we split up I realised that I had no rights.”
Sanderson offered her 50% of their home and possessions, but refused to pay any maintenance — even though she gave up her job five years before their split to help with his import business.
Jackson said: “Half of me is angry that he’s done this, the other half is simply broken-hearted. I’ve managed to find work as a supply teacher, but my age is making it difficult to find a permanent position.
“My pension entitlements have suffered too, because I didn’t pay private pension or National Insurance contributions while I was working for Will, for nothing. So I’m really worried about the future.”
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