After eight weeks of twists and turns, heartbreak and healing, drama and dumpings, last night marked the end of the 12th season of one of the UK's most popular dating shows, Love Island.
Yes, I'm a Solicitor. Yes, I was likely in secondary school by the time some of the contestants were born. And, yes, I unashamedly watched every single episode of this British cultural staple – call me multifaceted!
If you're unfamiliar with Love Island, the premise of the show is that a group of approximately 12 singles looking for love, live together in a villa, and endeavour to form the strongest connection by the end of the process. The incentive for the winning couple goes beyond the £50,000 cash prize they share. In addition to the joys of finding love, as we know, in this age of social media and brand endorsements, popularity can be very profitable, and every couple is keen to show the public (who vote throughout the series) just how strong their connection is.
So, how do they do this? Throughout seasons of Love Island, we have seen the 'Islanders' develop their own internal title ladder, indicative of the strength of their relationships. At the bottom rung, we have 'closed off'; couples who are no longer open to getting to know other Islanders and wish to focus solely on the person with whom they are coupled. As time passes, this progresses to being 'exclusive' which, whilst I personally cannot really distinguish from being closed off, seems to excite the Islanders that their relationship is growing more serious. The pinnacle of all of this? Being 'boyfriend and girlfriend'; a step ahead of the other Islanders, often spoken about smugly, and used as a shield to deflect from a couple's glaring relationship issues – but that's a whole other article in itself!
Seeing the way in which the Islanders place great importance on their relationship titles, had me thinking of the importance of relationship titles within the context of Family Law and, more specifically, the resolution of financial disputes between couples.
One of the oldest Family Law myths is the existence of a 'common law marriage'; the belief that couples who are not actually married, but who have lived together for a long time in a relationship akin to a marriage, have the same legal status as married couples. If you did not know this, I am telling you now, that this is not the case.
In England and Wales, unless you have registered your marriage/civil partnership, the financial claims which arise by virtue of your marriage/civil partnership, and all the factors which the court will consider when deciding what is fair and appropriate, simply do not exist for you. Should your unmarried cohabiting relationship end, there will be no scope to apply for a pension sharing order, no scope to apply for an order for maintenance for yourselves, and no presumption that the home you have lived in during your relationship is a matrimonial asset to be shared between you.
That is not to say that cohabiting couples will be left high and dry at the end of their relationships. There are legal mechanisms available for dealing with the treatment of property assets, however, these are a lot narrower than for married couples.
In any event, a parent, regardless of their relationship title, is still able to seek financial provision from their former partner for their child(ren).
As someone who has witnessed both the breakdown of many relationships, and the inception of many relationships which have gone on to thrive, I would strongly recommend speaking with a Solicitor (even if only for a one-off consultation), in any of the following scenarios:
- You are contemplating marriage and want to better understand the implications of this new relationship status;
- You are contemplating marriage and want advice on how best to protect your finances in the event that your marriage breaks down;
- You are already married and want advice on how best to protect your finances in the event that your marriage breaks down;
- You do not wish to get married, but wish to live (or are living) with your partner, and want advice on how best to record your mutual wishes concerning what is to happen with the finances, in the event the relationship breaks down; or
- You are contemplating divorce and wish to understand the claims which are available to you, and how the financial issues can be resolved between you and your spouse.
Just as being 'closed off', 'exclusive', and 'boyfriend and girlfriend' are pivotal in the realm of Love Island, whether you are married / in a civil partnership, or unmarried and cohabiting in the real world, also has its own significant implications – and it is important that we are all aware of where we stand.
If any of the above points resonate with you, and you wish to discuss your concerns, please do get in touch with me.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
