Isnt it time Cohabiting Couples had some Rights?

It's been a good month for campaigners fighting for same sex marriage following the overwhelming backing of the Marriage (Same Sex Couples) Bill by the House of Lords.

Despite attempts to derail the Bill, peers overwhelmingly supported gay marriage and even though there are plans by opponents to table amendments, the chances of these succeeding are remote.

So it looks as if the first gay weddings will take place in July 2014 and owing to this new marital law, there will be no distinction between the legal rights of gay couples and married heterosexual couples regarding where they can get married. All will now be equal in the eyes of the law.

Or will it?

Who can have a Civil Partnership?

The journey for same sex marriage began almost ten years ago with the implementation of The Civil Partnership Act 2004 which enabled same sex couples to legally register their commitment to each other.

This latest addition to English law is great news for the gay community and long overdue, but spare a thought for heterosexual couples living together, who don't want to get married but would like to make some form of legal commitment. Civil Partnerships are not available to them and so whilst legislation now includes some members of our community, others are being excluded.

Should Heterosexual Couples be able to have a Civil Partnership?

Some would argue that now is the time for politicians to consider the most common relationship structures in Britain, such as couples living together. As a family law firm based in Liverpool, we believe legislation should be introduced to reflect this reality.

Currently, couples living together have no status in English law. So when the relationship of a cohabiting couple breaks down they do not have the legal right to maintenance or their share of assets including property and inherited property like when a married couple divorce or a dissolution of a civil partnership occurs.

Pamela Curran found herself homeless and penniless following the break down of her relationship with ex-partner Brian Collins after 30 years together.

Despite living and working together, Mr Collins was registered as the sole legal and beneficial owner of their business and the adjacent property in which they lived. As a result the court ruled that Mrs Curran had no legal right to a share in the business or the home.

Will Civil Partnerships ever be a reality for Heterosexual Couples?

In 2011, a study revealed that the number of cohabiting families with dependent children increased by 292,000 between 2010 and 2011, whereas married couples with dependent children fell by 319,000. Incidentally in 2011, 38% of cohabiting couples were parents, the same percentage as married couples with children.

Despite these statistics, it doesn't look like Civil Partnerships will be made available to cohabiting heterosexual couples in the foreseeable future. At the recent voting of the Marriage (Same Sex) Couples Bill, the amendment to extend civil partnerships to heterosexual couples was defeated by 375 to 70 votes. Opponents fear it will undermine the institution of marriage and therefore have an impact on marital law.

Is there a Way Forward?

So what do I advise to help cohabiting couples have some rights and avoid costly legal disputes should their relationships break down? As chairperson of the Merseyside division of Resolution, which is committed to the constructive solution of family disputes and as a family law firm based in Liverpool, I recommend that the only solution for cohabiting couples who want legal protection should they split up is a cohabitation agreement.

This sets out who owns what and in what proportion as well as documents how property, its contents, personal belongings, savings and other assets can be split should a relationship break down. It can also cover how many children will be supported as well as how to deal with bank accounts, debts and joint purchases, such as a car.

You should also always make sure you have written a will. If you die without leaving one, your partner could end up with nothing as there is nowhere in English law where cohabiting partners are recognized.

Was the House of Lords wrong when peers voted against extending civil partnerships to heterosexual couples? Could civil partnerships really undermine the institution of marriage? Is there an alternative solution?