Proposed changes in the law are set to radically alter the rights of co-habiting couples. These changes will allow the law to reach out and offer special protection to vulnerable co-habitees (often women) who have previously had a rough ride compared to their married counterparts.

The term "Common Law Husband or Wife" is an urban myth that has gathered terrifying momentum over the last twenty years. Most people, educated or otherwise, believe that if you are in a loving relationship for long enough then you will be treated by the law as if you are married. Sadly, nothing could be further from the truth.

The brutal reality is that if you do not marry each other, you will be treated as little more than flatmates if you do go your separate ways. If you cohabit and are unaware this is the case (as many are) and you have therefore conducted your financial lives in the expectation that you have common law rights then this can prove very difficult and unfair indeed.

The number of co-habiting couples is increasing. More than 44% of all children born England and Wales last year were born to unmarried parents. The changes in the law will, therefore, affect very many couples.

What happens to Co-habiting Couples at the moment?

As things currently stand, when a co-habiting couple separate then they will each take with them what they put in financially. If their home is jointly owned then it will be divided in half. They will each take the contents of their own bank accounts and their own possessions.

This can prove disastrous for a partner who has not contributed financially at all to the mortgage because they have instead stayed at home to care for their children. Their career may even have been sacrificed with the blessing and support of their partner who is then able to take the bulk of their assets with them at the end of the relationship. As things currently stand, the end of the relationship could leave the other party homeless with a damaged career and no ability to claim maintenance from their ex-partner. Under the current law, they would only be able to make claims on behalf of the children and in most circumstances would only be entitled to child support and a home for the children while they are young. That home will then revert back to the ex-partner when the children reach the age of 18 and so is effectively only "lent".

How would the new proposals change things?

The idea of the new proposals is that certain co-habitees will be able to ask for significantly more protection than is currently available. In other words, they can ask for more than their strict financial contribution.

Will all Co-habitees be protected?

No, not all relationships will be protected.

To qualify, your relationship must have produced children or have lasted for a minimum period - probably 2 to 3 years. Short relationships will remain unaffected.

Assuming your relationship qualifies, then it will now be possible to argue that if you and your partner have made arrangements that have left one of you particularly financially vulnerable then you should be treated differently – the stay-at-home mother is the perfect example.

This may now lead to the Court making an Order that you should receive maintenance from your ex-partner or that your jointly owned property should be transferred to you even if you paid less towards it than your partner. This is simply not possible under the current law.

So is there any point in getting married anymore?

Yes! These are only proposals at the moment. It is expected that the earliest time they may become law is Autumn 2008.

The rights available to married couples are still much better. These changes offer protection only to the most vulnerable co-habitees rather than to all of them.

One final point to note for commitment-phobes, who have deliberately avoided marriage to escape such financial responsibilities – an "opt out" option is going to be available for those co-habiting couples who wish to avoid the new law.

By Anne Thomas, Boodle Hatfield .