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Campaign for equal legal rights for unmarried, separated parents

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A MOTHER who was left homeless when her relationship ended has launched a campaign calling for equal rights for unmarried, separated parents.

Under current UK law, unmarried parents are left with few rights if they separate from the other parent, compared with the rights of those who were married.

In the case of married parents, the courts have huge discretion to share assets, including property, savings, investments, company interests and pension funds.

However, there is no such structure in place for those who cohabited, because at the end of the relationship, the pair are treated as two individuals.

The single mother, of Beverley, who the Mail is not naming to protect the identity of her children, is campaigning for a change in the law to give better protection to unmarried, separated parents.

She said: "I was absolutely horrified to find I had no rights whatsoever when I separated from my partner.

"I had no legal claim on the family home because it wasn't in my name.

"If we had been married, I would have been able to remain in the home with our children.

"You generally expect people to do the half-decent thing if you split up, but the reality can be very different."

As well as campaigning for a law change, she is also determined to raise awareness among cohabiting couples.

She said: "Many people believe there is such a thing as the common law wife, but there is no such thing.

"I didn't know and I feel sure lots of other unmarried mothers don't know either.

"When I heard I had no rights I was devastated and I don't want other people to find themselves in that situation.

"Every unmarried parent should know how vulnerable they are."

Since 2010, more children were born out of wedlock than in wedlock.

However, the UK falls behind other countries when it comes to the law on cohabitation.

The mother is supported in her campaign by her solicitor Mark Day, of Langleys Solicitors, who helped her win a financial settlement against her ex-partner under the Children Act.

She was only able to bring the private court claim because the father of her children is very wealthy.

It was an extremely rare case and not one the majority of single parents could use.

Mr Day said: "Britain is seen as a leader in law, but here it lags decades behind other countries.

"It does not reflect the changing face of the country where six million people co-habit.

"The law goes back hundreds of years – we need an act that reflects society today.

"As soon as you have that ring on your finger, everything is shared.

"If a married couple divorce, the matrimonial pot is joint and it is up to the discretion of the court to share that pot.

"The court does not want a married parent to come out the other side with a need to rely on the state."

As part of the campaign, the single mother wants to hear from other separated parents.

Email changetothecommonlaw@yahoo.com with your story.

Cohabitees not recognised as common law husbands or wives

The law does not recognise cohabitees as common law husbands or wives, no matter how long they have lived together.

Despite the large numbers of people cohabiting, the legal status of cohabitees is often misconceived by the public.

It is estimated 50 per cent of people in a cohabiting relationship believe they will have common law status because of the fact they have lived with their partner for a certain period of time.

There is no legal protection for cohabiting couples and someone living in a property belonging to their partner may have no right to remain or claim a financial interest in the property.

The Law Society, the representative body for solicitors, proposed as long ago as 2002 that Parliament should change the law so cohabiting couples could register their relationship and enjoy similar rights to married couples.

The campaign has the support of Graham Stuart MP.

He said: "This lady is quite right to highlight the issue.

"Having children without being married leaves you with little right to support if your relationship breaks down.

"Given how many people now find themselves in this situation it's time the law was reviewed, children's interests protected and unmarried partners given additional rights."


Family news and advice from the Hull Daily Mail

Campaign for equal legal rights for unmarried, separated parents


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