@ Bertrand please read the post on pg 15 by Graphista .
I had fun writing my scenarios on pg 10 of this thread. To Bertrand and those who’ve said ‘people should just say they’re together!’ , please tell me as a judge, how you would decide these scenarios. And can you be sure that the same decision would be made if they saw a different judge the next day?
(I’ve changed them a bit)
How to draw the line as to when unmarried partners gain the rights of marriage?
Imagine the scenario:
My name is Tom. I have a 3 bed terrace I inherited from my grandma. It’s in Slough £400k. I’m 30 years old. I have one brother Jim.
(a) I smile at Anna in a coffee shop. Anna is a nutter. (I’ve been watching orange is the new black). She tells her friends we are soulmates and will be together forever but don’t live together because we need our space. She moves into 124 Station Road in Luton. You also live at 124 Station Road but in slough. You get run over. She tries to say there is a mistake on her driving license and it says Luton by mistake. Should she get to decide to switch off my life support when Jim wants to ‘wait and see’? Should she get my house or half to her and half to Jim? Should Jim get everything?
(b) I’ve worked with Brenda for 10 years and snogged her once at the Christmas Work party. I she is my carer when I get old.
Should she get to decide to switch off my life support when Jim wants to ‘wait and see’? Should she get my house or half to her and half to Jim? Should Jim get everything?
(c) I met Cathy at a nightclub and had a one night stand. The next day I have an accident at work. Should she get to decide to switch off my life support when Jim wants to ‘wait and see’? Should she get my house or half to her and half to Jim? Should Jim get everything?
(d) I went to Uni with Debbie she’s my best friend and we have been on off ‘friends with benefits’ for years. I get menengitis. Should she get to decide to amputate my limbs to save my life, when Jim wants to ‘wait and see’? Should she get my house or half to her and half to Jim? Should Jim get everything?
(e) Emma is my cousins friend who is staying at my house in the spare bedroom from a week, while her plumbing is sorted out. I am killed in a plane crash. Should she get to decide to scatter my ashes in London when Jim wants to scatter them in Scotland were we grew up? Should she get my house or half to her and half to Jim? Should Jim get everything?
(f) My lodger Fran has been living in the house for two years. I’m killed. Should Jim get everything? Should Fran get some?
(g) I meet Gina on match . com and hit it off. After how long should she get rights? After 5 dates, 20?
(f) I’m also seeing Freya from plenty of fish. Who has more rights if I die, Gina or Freya.
In 2020 I’ve lived with Gina for 2 years but I pay Freya’s bills and spend time with Debbie, my friend with benefits. It also turns out that the one night stand had a baby. Who should decide to get to decide to switch off my life support when Jim wants to ‘wait and see’? Who should get my house? Should Jim get everything?
In 2040 the situation is the same. I’ve live with Gina for 22 years. Does she have more rights than the others? When did she get them? When I closed my online dating profile? After 3 years, 5 years, 7? 10?
Fran says that she was my partner and Gina is a lying nutter and Gina was the lodger.
Or
I meet Maggie, go to a registry office. Say ‘There is no legal impediment and I intend to form a binding union.’ I’m in jeans and a tshirt. The witnesses are registry office staff. There’s no dress or reception. Our friends don’t know. No one changes their name.
Anna and Brenda and Gina and Debbie, Freya and Even Jim can’t interfere.
I get so frustrated dealing with the aftermath where people think they are ‘common law’ spouses.
One aim of the law is to achieve certainty. By paying £95 you can be sure what happens next. Especially at a stressful time, facing illness or bereavement.
I know I’m going on and on, but if it makes one person think again it’s worth it.