BBC expert update as couples living together face new '3 year rule'

BBC expert update as couples living together face new '3 year rule' Lawyer explains how the law change would make a big difference for anyone unmarried living together BBC expert says unmarried couples living together face new 'three-year rule '. Couples living together have been told of plans for a major change to the rules, which could mean a big difference to them. Under a new ‘three year rule’ people would now be entitled to more rights if their partner dies or the relationship ends. In England and Wales, unmarried partners have no automatic legal right to inherit from a deceased partner, regardless of how long they lived together or if they have children. The government has launched a new consultation on plans to change this, and on BBC Morning Live, lawyer Gary Rycroft explained how it could work. Under part of the new rules, couples would have to qualify to be seen as together, and this would have to be a minimum of three years of cohabitation under the proposals, except if the couple had a child or children together. Mr Rycroft said: “So, there are three and a half million couples in the UK who are living together who are not married or in a civil partnership. They are cohabiting, and that’s double the number 30 years ago. It’s a big shift in the way we are living together.” He said people may well be unaware that if they split up or if their partner sadly dies, they have no legal rights at all in the same way a married couple would have - and could be left with nothing. He said: “That’s fine if it’s an informed decision and if people understand implications but if you aren’t married or in a civil partnership, then there can be something unjust happens if your partner dies or if you split up whereas if you’re married in a civil partnership, then defined rules occur if your spouse dies or if the marriage sadly ends.” Host Helen Skelton said: “Loads of my friends I assumed were married and they’re not. They live together like you say, it’s kind of was five years, 10 years, 20 years. Is that what this consultation is a reflection of then? Because times have changed.” Mr Rycroft said: “The law is a bit of a blunt instrument. You’re either married or in a civil partnership or you’re not. And if you’re not, it can have an unfair result. If your partner dies, you don’t automatically inherit. Or if you separate, you don’t automatically share the asset. So this consultation is trying to address that injustice. “It’s trying to put in place a safety net, really, for people who find themselves in that position. They find themselves sadly with their partner of long-standing having died. They don’t automatically inherit or they find themselves splitting up and they’re not sharing assets. And for some people, splitting up can be a very difficult situation if they are in a relationship that is abusive or there’s some kind of economic control going on, some kind of coercive control. In fact, Women’s Aid found in uh 2024 in a report that they published that it can cost about £50,000 to actually leave your partner and set up home again. “And actually, in a different report, it was said that up to three-quarters of women said that they weren’t going to leave their partner because of the financial consequences. And of course, financial abuse occurs with men and women. It’s not just about women as well. So, we want to put in place a kind of safety net for people who find themselves trapped in a situation. And surely that’s going to be a good thing if if people are free to live the lives that they want to live.” The government consultation document said that the length of time spent together was one way of working out if a couple was genuine. It says: “The consultation seeks views on a new statutory framework of rights and responsibilities for eligible cohabiting couples when they separate. This framework would offer clearer and more consistent protections while remaining different from and narrower than that available on divorce, preserving the distinct and unique status of marriage. “The framework would apply automatically to eligible couples, with an option to opt out where both partners agree. Eligibility would be limited to adults in long‑term, committed and interdependent relationships who have lived together for at least three years or live together and share a child. As with divorce, shorter relationships will probably attract more limited awards.” Speaking on the BBC’s Money Box program, expert Paul Lewis previously asked about living together which is said could be ‘fluid’ with people moving in and perhaps keep a previous home or stay a few nights a week - and wondered when the ‘3 year clock’ would start. Joanne Edwards is a partner with Forsters and on the national committee of Resolution, which is the national family lawyers association. Ms Edwards said: “It’s an important point and one which the checklist of factors would deal with. It would be about the degree of permanence, whether they’re in a sexual relationship, what the public perception of their relationship is . “It’s actually something we’ve got in legislation already, for example, around adoption, and also plenty of other countries have this legislation already, so have grappled with this. People need to be aware and decide how they want to frame their relationship and then regulate it between themselves.” The consultation launched on June 5 and runs for 10 weeks, closing on August 14. The government will invite views from the public, legal professionals, academics, charities and other stakeholders over the consultation period. Deputy Prime Minister, David Lammy, said: “When a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life. We’re launching this consultation to make sure our new family law builds a fair system that offers the most vulnerable protection in the event of a breakup, and at a time when the country is facing cost-of-living pressures. “Whether you’ve been left bereaved by the sudden and unexpected death of a partner, or escaped horrific domestic abuse, our laws should work to protect you. These reforms strike an important balance between tradition and modernity. I’m determined that our justice system should work for everyone who needs it.” To read the consultation document click here.