Richard Kershaw examines legal protections for unmarried couples in FT Adviser
Richard’s article was published in the FT Adviser, 24 June 2024, and can be seen here.
Richard Kershaw, Partner in our Family & Relationships department, discusses the legal protections available to unmarried couples, focusing on the complexities they face when relationships break down.
Richard highlights that unlike married couples, cohabiting partners do not have automatic rights to financial support or property division upon separation. This legal gap often leaves one party, typically the financially weaker partner, at a significant disadvantage, especially when assets are held in one person’s name.
Richard explores how the courts have developed the concept of the “common intention constructive trust” to address these situations. This legal doctrine allows a non-owning partner to claim an interest in property if they can prove there was a shared intention to own it jointly and that they acted to their detriment based on that understanding. However, he notes that this approach is often uncertain, costly, and emotionally draining, as it requires detailed evidence and can lead to unpredictable outcomes.
He concludes by advocating for reform, suggesting that the law should evolve to provide clearer, more consistent protections for cohabiting couples. Richard supports the introduction of legislation that would grant cohabitants certain rights similar to those of married couples, particularly where there are children or long-term financial interdependence. Until such reforms are enacted, he advises unmarried couples to protect themselves through cohabitation agreements and clear documentation of financial arrangements.
Read the full article on the FT Adviser website [subscription required].