What does an unmarried partner need to establish in order to make a family provision claim?

Written by Terry Johansson | 18th September 2013

An eligible claimant includes:

  • An unmarried partner;
  • Any other person who was maintained by the deceased immediately before the deceased’s death.

You must show that:

  • You were living in the same household as the deceased;
  • That you and the deceased were living together like a husband and wife or civil partners but were neither formally married or in a civil partnership (an unmarried partner can include gay and lesbian partners);
  • That you and the deceased were living together for the whole of the two (2) year period immediately predating the date when the deceased died.

The last requirement is not construed literally, as the courts take a common sense and realistic approach to matters which cause temporary separation between couples such as employment arrangements, sickness etc.

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