Proportion of married people in England and Wales falls below 50%

Proportion of married people in England and Wales falls below 50% for first time ONS statistics released in February tell us. (ONS Link).

The procedures for divorce are clear under the Divorce, Dissolution and Separation Act 2020 but the Guardian report in February points out what FNF have been saying for many years.

There is no automatic security for cohabiting couples and their children when they separate, unless they formalise their relationship either through marriage, civil partnership, or creating a legally enforceable cohabitation agreement. Worse many believe (falsely) that they have some protection under “common law marriage”. And as we know, an unmarried father does not automatically have parental responsibility. To separate family assets following separation, cohabiting couples are expected to use the complex TOLATA legislation (Trust of Land and Appointment of Trustees Act 1996) which involves expert solicitors and can be very expensive.

This area of legislation is crying out for reform, though the Government review, which FNF is involved in (excellent work from our own Gurdeep Singh and Bahi Jayadevan) only relates to divorce and dissolution of civil partnerships. Our concern is primarily on how to protect the children when these relationships fail.

Wedding cake decor made in the for of two rocking chairs

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