When the British high court denied her statutory award after Jakki Smith’s partner died, the unmarried woman claimed that her human rights were violated. She had the courage to call for justice when the law did not recognize that society has prejudices about cohabitation and she won the fight, putting a new light to living together, and getting a bit of the rights given to wives.

Smith’s partner, John Bulloch, had the surgery on his right foot in August 2011 and fell ill while he was on a holiday in Turkey. The medics were not able to identify that he was having a serious infection that caused his death soon after.

Under marriage, a spouse will be paid a fixed amount of £12,980 when the spouse dies from negligence. Sadly, this is not applied to partners or couples not legally married.

Jakki Smith Won the Legal Battle For Her Late Husband

Her argument against a high court was allowed by the court of appeals but on a Tuesday her claim had been dismissed. It was Lord, Justice McCombe, Sir Terence Etherton, and Sir Patrick Elias (the master of rolls) who have set aside a ruling done by Justice Edis, last year.

It was Edis who held that there was no compatibility between the 1976 Fatal Accidents Acts and the right of Smith under the European Convention. This means that she could not make the claim.

The original ruling has been passed as Edis said that the law needed to be reformed but he had no power to intervene.

Lord, Justice McCombe Presided Smith’s Case

Jakki Smith is now 59, from Chorley in Lancashire. She was very positive and as she described ‘over the moon’, hoping that the ruling will give a positive effect on the increasing numbers of couples that prefer to cohabitate for the time being in the United Kingdom.

How important is a Cohabitation Agreement between Non-married Couples

It is important that you have a written agreement with your partner- this is the advice that Smith had given to that couple that had opted to hold marriage as see how their relationship will go. She shared her thoughts on living together where the government categorizes you as a couple whose purpose is for council tax and allowance of a job seeker and shared her argument of why is it not extended to a situation as hers?

Choosing and being a non-married couple is a taboo no more. People have been more open and accepting that society has evolved and the law needed to change.

No deed or ruling will ever bring her partner back but Smith shared that Bulloch believes firmly that everyone has equal rights and should be treated fairly. She believes that her Bulloch would have agreed that what she’s doing is worth the fight. Smith expressed her sentiments regarding the battle she’s been fighting, it was never about the money but the relationship that people like them are sharing, the relationship that has the meaning.

Further, Smith explained that they were in a committed relationship, the same as married people. Until Bulloch died, the realization that their marriage would be treated in any other way was hurtful when it struck her. It is prejudice when people judge you and interpret the long years you have been together with less meaning.

The plan that they have together was for a long run and yet people found it hard to acknowledge the years they have shared and the bond they have created. All that is useless in the eyes of others because they were not married.

Her lawyers have already called on parliament to change the law and bring some update on the legislation that would be fitting for the 21st century.

Family Lawyers Celebrated this Historic Court Decision

A lawyer from Slater and Gordon law firm, Zak Golombeck said that this is a historic decision and one that is long overdue. The world has evolved and couples have all kinds of reasons why they choose not to marry. Their choice should not detract the bond that they share. The Law Commission previously recommended that bereaved couples should receive bereavement damages.