I have a client who as cohabitated with his partner for some 30 years. She recently passed away, but he has now been refused any bereavement benefits. I know that CPAG guidence says they have to be legally married. Any help would be brilliant.

English law does not recognise "common law marriages". Bereavement benefits are only payable if the couple were married.

Position might be different if they had lived in Scotland, as Scottish law does have some limited recognition of "marriage by habit and repute".

I don't think there is any real chance of a claim, but I suppose there might be some arguments around Art 8 of the ECHR?

any chance of letting me see that section as I have got to see the client in the morning?

Thanks for guidence. I actually found a number of pages of info outlining your suggestion in the briefcase section of this website. It also mentions art 8 of echr and also art 14. But this decision was turned down in March 2004.

There was also a section about the validity of marriage, which als mentions habit and repute. But again that decision was turned down in Jan 2004

Allan