An unmarried partner can claim statutory bereavement damages in England and Wales—but only if the relationship satisfies a strict legal test.
This has not always been the law. Until October 2020, the Fatal Accidents Act 1976 excluded unmarried partners from the fixed bereavement award, even where the couple had lived together for many years and had built a family and home together.
The law has now changed. Unfortunately, outdated information still appears online and can leave bereaved partners believing they have no right to claim.
What changed in 2020?
The Fatal Accidents Act 1976 (Remedial) Order 2020 extended eligibility for bereavement damages to qualifying cohabiting partners.
The amendment followed Smith v Lancashire Teaching Hospitals NHS Foundation Trust [2017] EWCA Civ 1916.
Ms Smith had lived with her partner for approximately 11 years before he died following admitted clinical negligence. Because they were not married, the legislation prevented her from receiving the same statutory award that would have been available to a spouse.
The Court of Appeal decided that this difference in treatment was incompatible with the couple’s rights under the European Convention on Human Rights. The Government responded by amending the legislation.
The new entitlement came into force on 6 October 2020.
What must an unmarried partner prove?
A surviving unmarried partner must generally demonstrate that they:
- were living with the deceased in the same household immediately before the death;
- had lived in that household with the deceased for at least two continuous years immediately before the death; and
- had lived together throughout that period in a relationship equivalent to marriage or civil partnership.
The law looks at the reality of the relationship. Simply describing someone as a boyfriend, girlfriend or partner will not, by itself, establish entitlement.
Equally, the absence of jointly owned property or a joint bank account does not automatically defeat a claim.
Relevant evidence may include household bills, financial arrangements, correspondence, insurance policies, photographs, family commitments and statements from people who knew the couple.
Our updated guide explains in detail who is entitled to the bereavement award.
Do couples have to use the same address?
Not necessarily.
The statutory wording refers to living in the same “household”, which is not always identical to living permanently under one roof or using one address for every official purpose.
One partner may retain another property, work away from home or use a family address for correspondence. Temporary absences caused by hospital treatment, employment or caring responsibilities may also need to be considered realistically.
The essential question is whether the couple had established a settled shared household during the qualifying period. Our specialist article considers whether cohabiting partners must live at the same address.
How much can a surviving partner claim?
The statutory bereavement award is currently £15,120 for deaths occurring on or after 1 May 2020.
It is one fixed award arising from the death, rather than £15,120 for each eligible claimant. If more than one person qualifies, the award is divided between them.
For example, where the deceased remained legally married but also had a qualifying cohabiting partner, the legislation provides for the award to be shared equally between the spouse and cohabitant.
Is that the end of the compensation claim?
No. The bereavement award is usually only a relatively small part of a fatal accident claim.
A surviving partner may also have a substantial dependency claim for the financial and practical support the deceased would probably have continued to provide.
This may include:
- earnings and contributions towards household expenses;
- mortgage or rent payments;
- pension income;
- childcare;
- domestic assistance;
- care and support;
- gardening, repairs and home maintenance; and
- transport and other practical services.
These losses are individually assessed. Unlike the statutory bereavement award, dependency compensation is not limited to £15,120.
Claims may also be brought on behalf of the deceased’s estate for losses incurred before death.
What if the relationship lasted less than two years?
A partner who does not satisfy the two-year requirement cannot ordinarily receive statutory bereavement damages as a cohabitant.
However, that does not necessarily mean that no claim is available. Other possible claims should be examined, including claims arising from financial dependency, jointly owned property, the deceased’s estate or the Criminal Injuries Compensation Scheme where the death resulted from violent crime.
The precise legal route will depend upon the relationship, the cause of death and the financial arrangements before the fatal incident.
A welcome change—but the law remains too narrow
Including qualifying cohabiting partners was an important and overdue correction. It recognised that grief and family commitment do not depend upon a marriage certificate.
Nevertheless, the law remains highly restrictive. Children cannot claim the statutory award for the loss of a parent. Parents cannot claim it when an adult child dies. Siblings, grandparents and grandchildren are also excluded.
The fixed sum of £15,120 must sometimes be shared and cannot meaningfully reflect the grief caused by an avoidable death.
Reform in 2020 corrected one clear injustice. It did not create a fair or comprehensive system for every bereaved family.
Speak to a specialist fatal accident solicitor
R James Hutcheon Solicitors represents families following fatal road collisions, workplace accidents, clinical negligence, industrial disease and unlawful killings.
We will consider the bereavement award alongside dependency losses, funeral expenses and claims belonging to the deceased’s estate, ensuring that the claim is not confined to the fixed statutory payment.
Contact Us Now To Claim
