Call for ban of "common-law marriage" phrase

Legal advice group says too many people believe "common-law" husbands and wives have rights of married couples


A legal advice group has begun a campaign to get rid of the phrase "common-law marriage" from official English.

The group - Living Together - says the phrase has no legal standing anywhere in the UK, including Scotland. A survey carried out by the organisation showed that 67 per cent of people believed that after living together for a while, a couple automatically became "common-law husband and wife", assuming that each partner had the same rights as couples who are married.

Living Together said this could lead to serious financial loss and emotional distress, and that people did not realise there were steps they needed to take to protect themselves.

Cohabiting couples will have certain rights to property and financial support if the proposed changes set out in the Family Law (Scotland) Bill are introduced. Stage 1 of the bill is due to be completed by 16 September 2005.

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