Getting literary to help unmarried couples
With increasing numbers of couples choosing to live together outside of marriage, a family law expert has turned his hand to writing to help unmarried couples understand their position better.
The resulting book, Living Together and the Law: A Guide to Cohabitation provides essential information for unmarried couples, whose rights when in a relationship or when separating are a conundrum - even for the legal community.
The author is David Cobern, Director and Shareholder with The Family Law Company in Exeter. David has worked in family law for 27 years and has a particular interest in ‘unmarried finance’ - financial disputes between former cohabitees.
David said: “The myth continues that people in long-term relationships become ‘common law’ spouses with rights similar to married couples. Living with someone for a long time even with their own children and property is, in fact, a very a different legal situation compared to married couples.
“People who choose not to marry want to avoid legal interference if their relationship ends, but there must be rules for unmarried couples who accept serious mutual obligations such as children and property. This presents a difficulty for our courts and politicians. How do they deal fairly with those who are financially disadvantaged in an unmarried relationship whilst respecting the rights of individuals to live free from legal interference in their personal relationships?”
Disputes often involve property, perhaps owned by one person but where the other thinks they are due a share, or owned jointly but the couple disagree about shares or selling it. Other disputes can be around financial provision for children including maintenance, accommodation and school fees.
“This legal area is one where there is no tailored remedy as there is for the married couple. Cohabitee law is a mixture of decided cases and acts of parliament,” added David.
“It sits uncomfortably between ‘family law’ and ‘civil litigation’ and can be confusing and intimidating for the layman and for some in the legal profession.”
Publisher RHE Media was also aware of the confusion and approached The Family Law Company to write the book as experts in the field. A spokesperson said:
“Living Together and the Law is closely related to our overall mission to promote wellbeing. Establishing stable and lasting relationships is a key aspect of wellbeing for most human beings and, obviously, problems in relationships have huge implications for personal wellbeing, so the book provides valuable guidance on ways in which you can ensure that legal issues do not undermine your relationship with your partner. We were thrilled that David Cobern agreed to take up the challenge to write this unique book and we are delighted to be publishing Living Together and the Law: A Guide to Cohabitation in association with The Family Law Company.”
The idea of writing a book is a challenge for most people, but David used a methodical approach, drawing on his experiences over the last two decades advising unmarried clients.
He explained: “I wanted to cover the common threads, not just from the point where people see me but earlier, when they can spot and avoid looming problems or improve their position. That gave me the structure and the interesting task of writing the book from various perspectives.”
The book is aimed at the layperson; people considering cohabiting, those already in long term relationships who don’t know their rights or coming out of relationships. It looks at the legal differences between being married and unmarried, property disputes, inheritance issues and the implications where one party owns everything. It also deals with issues such as the claims for financial provision for children of former cohabitees.
The Foreword is written by Michael Berkley, Joint Head of Chambers, Magdalen Chambers and Civil Recorder. Michael comments that “the book is organised in a clear and logical manner which reflects David’s no-nonsense but friendly approach to clients that I have experienced over nearly 30 years of working with him”.
Living Together and the Law is priced at £11.99. It is available online and in all good book shops. ISBN 978 1 910226 48 3 For more information visit www.wordstothewise.co.uk
