Cohabitation Rights - campaign from Rights of Women

[ArabellaScott]

https://www.rightsofwomen.org.uk/cohabitation-rights/

Campaign here from the organisation Rights of Women.

I'm wondering if there may be arguments against it, or any unintended consequences?

Anyway, info here, plus template letter should you wish to write to your MP.

'We want the Government to change the law, so women’s rights to justice and safety aren’t dependent on their marital status.
The Law Commission and Women’s and Equalities Commission have recommended introducing legal protections for separating cohabitational partners with children, and that cohabitational partners should have the right to inherit from each other.'

Am I reading it right? They’re arguing that because people believe something is the case the law should be changed to make it the case?

If you want the rights, it’s pretty easy to get them. If you have children without that protection, that’s on you, isn’t it?

How would it work in this scenario if a male partner is still
legally married and has children and then has a second partner and children and then dies unexpectedly? Who is inheriting what?

Disagree with this. Not being married has saved a lot of women trouble. If they want rights then get married.

This would work both ways though, so men would get the same rights.
It would make getting rid of cocklodgers a lot harder.

I think couples should have the choice whether to get married / civil partnership or not according to their personnel circumstances and not end up in a legal situation they didn't want.

Women do need to be aware of the pitfalls of having children without being married and look after themselves accordingly.

Also you can leave your inheritance to anyone you want if you make a will.

Disagree. It costs a couple of hundred quid to get married or enter a civil partnership.

This is such a terrible idea, open to abuse.
Implying women are so stupid they need the state to step in and grant them rights that they chose to not have? Ugh.

It's simple and easy to opt in to legal rights if wanted.

'1 in 4 couples living together are not married or in a civil partnership (ONS statistic). In the event of a separation or death, they have extremely limited rights, yet almost half mistakenly believe they are protected under the law.

When married couples separate, they can ask the courts to divide their home, belongings, and finances fairly, to meet the needs of them and their children. These rights do not exist for unmarried couples.'

I do think there should be a campaign to make this very clear.

This campaign is specifically in the context of women in abusive relationships.

One could argue that an abusive partner may deliberately engineer a situation like this (where she is dependent on him but has few rights) to control a woman. They often do.

Mmm, not sure about this tbh.

Getting married/having a CP means giving up rights as well as acquiring them. I'm always suspicious whenever the issue is framed only in the context of the latter.

I'd definitely support an education campaign, whether the law was changed or not. People have an incredible ability to misunderstand the legal position on this issue, which wouldn't change just because the law did.

Marriage/civil partnership is a legal contract designed to protect both parties.

You can remain unmarried and put in place lots of legal contracts ( tenants in common for your shared property, wills etc) which can offer protection should you split up or need to leave due to abuse.

But any women who enters a relationship, has not got legally agreed joint ownership in place for property and has potentially cut her earnings due to having children is always going to be extremely vulnerable. I can’t see the purpose of these cohabitation rights - it’s basically going to be a marriage contract in another name.

Instead we should be educating young women about how to remain financially secure in any relationship they are in

Maybe there should be a legally enforceable 'cohabitation agreement' so that men/women can have agreed protection.

Those do exist, albeit don't deal with the parties relationship with the state so aren't protective against eg IHT. But they're opt in, whereas ROW appear to be proposing something automatic?

It'd be good if there was more information on the issue, tbh. Not much on the website. I wonder if they'd provide more if asked.

They're a good organisation; I'd like to hear the rationale.

One could argue that an abusive partner may deliberately engineer a situation like this (where she is dependent on him but has few rights) to control a woman. They often do.

But this could work the other way too, if a man moves in with a woman who already has a house, she may already have children as well, and by splitting up with him she may risk her losing her home.

I am absolutely opposed to this. If people want the rights of marriage then get married or call it a day.

This is the problem really. Skillful abusers work out how to use legal frameworks as a tool. My worry would be that we simply replace one group of abused women with another.

Just read up ... there is. People need to have one, at least before having any children.

I’m torn because there will be women and children who have benefitted from the law being the way it is.

id have been completely saved from financial abuse if this had been the case.

however, I don’t think it’s a good idea. I think a campaign highlighting the dangers would be better - maybe that’s what this is really.

Women would not benefit from this.

They would be abused by men who would try and use it against women.

Time would be better spent on a campaign detailing the benefits of civil partnership or marriage to unmarried mothers in legal benefits.

This however would be seen as regressive and far too conservative. Which is bloody ridiculous given it's really about focusing on the protection of women and children.

I assume this is the relevant consultation. Nothing has happened since 2022.

https://committees.parliament.uk/work/1196/the-rights-of-cohabiting-partners/

And the report:

https://publications.parliament.uk/pa/cm5803/cmselect/cmwomeq/92/report.html

If people are of the mistaken belief that this protection already exists, then we should address the fact that they are mistaken, not change the law.

In theory, no-one is compelled to get married or enter into a CP. As PPs have said, an education campaign as to the pros and cons of this would be better (but less 'sexy' / newsworthy).

Found this joint briefing from ROW and Southall Black Sisters, two organisations I respect, from a couple of years ago.

https://www.rightsofwomen.org.uk/wp-content/uploads/2023/12/rights-of-women-and-southall-black-sisters-evidence-on-the-rights-of-cohabiting-couples-to-the-women-and-equali.pdf

They're saying the rights should be opt out, so I'm guessing that's still what they're arguing for now. Unfortunately the briefing doesn't address the evident problem that would be created if abusive cohabitants were able to use the provisions as a tool to mistreat their partners. That does sometimes happen now with TOLATA and child access cases, of course.

absolutely not, you shouldn’t be able to accidentally accrue rights. There is a simple, cheap and explicit way of getting all those rights and that’s to enter into a marriage contract.

this is a terrible idea

Completely disagree with this approach. You can't have a law where couples sleepwalk into marital rights. There has to be a decision and signing of legal documents on both sides. Where is the line getting drawn? People actively choose to be married ( or not) the answer isn't this. The answer is don't stay living together if you want marriage rights and one of the couple isn't on board

This.