Busting cohabitation myths across 6 jurisdictions
By Teresa Cullen, partner at Fladgate, 19 Apr 18
In the UK, many couples mistakenly believe that they acquire similar rights to a married couple after living with their partner after a fixed period of time has elapsed. In an attempt to bust cohabitation myths, Teresa Cullen, partner at international law firm Fladgate, looks at what rights unmarried couples have in several jurisdictions.
On the other side of the globe in Hong Kong, where the legal system is a combination of English common law and local legislation, the legal rights of unmarried cohabitating couples are very similar to those in the UK.
In Hong Kong, unmarried cohabitating couples, regardless of the length of cohabitation, do not enjoy the same legal position as married couples and as such do not enjoy the advantages of married unions, such as advantageous tax positions, pensions and benefits.
However, if one partner dies, even in cases where no will exists, the surviving partner will be able to apply for financial provision from the deceased partner’s estate.
