Bar leaders welcome government consultation on the rights of unmarried couples

Bar leaders have welcomed a government consultation on the rights of unmarried couples. 

The Ministry of Justice (MoJ) says more than 3.5 million unmarried couples will be given more financial security, giving unmarried partners automatic rights to inheritance if a partner dies without a will. 

In addition, it is hoped survivors of domestic abuse will get better financial protections when leaving an abusive relationship. 

The reforms also aim to make the separation process less financially difficult for cohabiting couples, and to make pre-nuptial and post-nuptial agreements legally binding. 

The MoJ says it hopes to bring family law into the modern day. 

Kirsty Brimelow KC, Chair of the Bar Council, said: “It is welcome that the government is focusing on the lack of legal protections for those who are financially vulnerable at the end of a relationship, including survivors of domestic abuse and economic abuse.   

“The law should provide effective remedies where there has been dependency, disadvantage or abuse whilst offering legal certainty.   

“Crucially, it is vital that reforms are supported by a family justice system that is properly resourced and accessible to those who need it.” 

Sam Hillas KC, Leader of the Northern Circuit, has been campaigning for changes to family law in relation to domestic abuse for many years. 

She said: “Prioritising fair outcomes for children and victims of domestic abuse are two of the core principles identified in today’s announcement of the much-awaited consultation in this area of family law.   

“For too long our law has been out of step with modern society. For too long our law has been unable to protect unmarried parties who can be left in a vulnerable position following separation. For too long our law has failed to reflect the devastating consequences of domestic abuse, which cannot always be measured financially.   

“Most often, those left to suffer are children and women. This is an opportunity for the government to step in and right those wrongs. I await the outcome of this consultation with optimistic interest.”