Changes to rights of unmarried couples

The UK government recently made a press release that focuses on reforms to protect women and meet the needs of modern relationships. The reforms are considered to be long overdue and focus on protecting unmarried partners in the following circumstances:

• Survivors of domestic abuse;
• Bereaved unmarried partners; and
• Talking violence against women and girls and working people.

It is estimated that over 3.5 million unmarried couples will be provided with increased financial security under a government consultation that took place in early June.

The press release focuses mainly on the changes and reforms surrounding couples who are separating or where there is a case of domestic abuse and the weight courts should give to the impact of certain situations.

It does briefly mention that it aims to ensure bereaved partners are not left in limbo. Currently in England and Wales, if your partner dies without a will and you are unmarried, the rules of intestacy will apply. This means that, if you are unmarried, as the partner of the deceased you are not automatically entitled to the estate or a share of the estate of your partner. Our earlier blog sets out who will inherit under the rules of intestacy.

It is too early to confirm the changes that will be made to give bereaved partners greater protection however, specific requirements and criteria will have to be created to ensure that the reforms protect those who it really intends to protect.

Complex modern family structures mean that people may have new partners for short periods, have children from previous relationships or it may be that someone is stuck in a relationship due to abuse. The new reforms will have to carefully carve out who will be entitled, what they will need to prove to be entitled and how it may impact claims such as those under the Inheritance (Provision for Family and Dependants) Act 1975.

It is likely that the reforms will be welcomed but given the complexity, it will take time for it to be implemented and have the desired impact.