The 26th of July, 2023, marks the 40th anniversary of the Court of Appeal’s decision in Burns v. Burns [1984] CH317, where it was ruled that “Mrs” Burns, who had been in a committed relationship with Mr. Burns for 18 years and had children together, was not entitled to a share of the family home they had lived in together. This decision shed light on the inadequacy of the law when it comes to cohabitation and the dire need for reform. In this blog, we will explore the problems cohabiting couples face and why change is long overdue.

• A Growing Issue
• Unfair Treatment
• How To Protect Yourself and Your Family
• Final Thoughts
• How Ridley & Hall’s Family Solicitors Can Help

A Growing Issue

Since the landmark Burns case, the number of couples choosing to cohabit without getting married or entering civil partnerships has dramatically increased. From 1.5 million in 1996, it has risen to 3.6 million in 2021, encompassing 20% of all couples in the country. A significant number of these couples have children, making the consequences of separation even more complex and emotionally challenging.

Unfair Treatment

The existing legal framework for cohabiting couples is grossly unfair. Unlike married couples, cohabitants have limited legal rights and financial remedies, leaving the financially weaker partner vulnerable and often without a claim to the family home or other assets, including pensions. As women tend to undertake the majority of caring responsibilities, this disparity may be seen as discriminatory. The Women and Equalities Act Committee Report acknowledged this issue, as did the Law Commission in 2007, yet no substantial changes have been made.

How To Protect Yourself and Your Family

To safeguard your interests and those of your family, several proactive steps can be taken:

1. Create a Will:

Cohabitants do not have an automatic right to inherit under the rules of intestacy. It is crucial, therefore, to have a valid Will in place.

2. Declaration of Trust and Cohabitation Agreement:

If one partner lives in a property solely owned by the other, a Declaration of Trust and Cohabitation Agreement can be drawn up. These legal documents record the intention to have a beneficial interest in the property and outline the course of action in case of a relationship breakdown.

3. Consider Marriage or Civil Partnership:

Though not for everyone, getting married or entering into a civil partnership can offer legal protections and rights that cohabitation lacks.

Final Thoughts

Forty years have passed since the Burns case, yet the law regarding cohabitation remains outdated and inadequate. The increasing number of cohabiting couples demands immediate legal reform to provide fair and equal treatment, protection, and adequate financial remedies. By being proactive and seeking legal assistance, couples can better safeguard their interests and ensure a more secure future for their families.

How Ridley & Hall’s Family Solicitors Can Help

At Ridley & Hall, we understand the challenges faced by cohabiting couples and their families. Our specialist solicitors, led by Partner Emma Hopkins Jones, who is a member of the Resolution Cohabitation Committee, specialise in this area of law. We can assist you in taking the necessary legal steps to protect yourself and your loved ones. Contact us for personalised advice and guidance.

Emma Hopkins Jones – Solicitor & Partner