A new law improves the financial lot of bereaved unmarried couples – but only if they have children Expanding the rights of common law couples will be a long and hard process ✒️ paullewismoney
Money Box presenter Paul Lewis on how common law couples are financially penalised, and why it needs to changePaul Lewis, from Moneybox, reveals how you can avoid the child benefit trap In all my decades of writing about personal finance I have always stressed one truth – there is no such thing as a common-law wife or husband.
This change has not been made willingly by the Government. It took a decision by the Supreme Court in 2018 and another by the High Court in 2020 to establish that denying unmarried parents bereavement benefits when one died breached the European Convention on Human Rights. The Government made the change reluctantly and slowly – some thought as slowly as possible – taking 1,624 days from the Supreme Court decision to implement a new law to obey it.
So is this chink of light about to let the sunshine of financial equality shine on all the 7.2 million people who live with another in a state of non-connubial bliss? Sadly, that still seems a very distant dream. Last November the Government rejected two key recommendations by the House of Commons Women and Equalities Committee. One was to give cohabiting couples that same rights as married people when one died without a will. Currently they normally get nothing – though they may apply to the court for help if they were financially dependent. By contrast a spouse whose partner died intestate would get all or at least a major part of the deceased spouse’s estate depending on its size.
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