Helen Nile
Helen qualified as a solicitor in 1998 having completed her training as a solicitor with t...  full profile

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Proposed New Rights for Cohabitants

(31st July | 11:53)

The Law Commission has today published details of proposed changes to the law governing the relationship between cohabitants and the consequences arising from the breakdown of that relationship.

The proposals will impact on couples who have a child together or have lived together for a set minimum period. The Commission is recommending that that period should be between two and five years.

The Commission has made it clear that merely moving in with someone would not, in itself, give rise to any financial claims should the relationship break down. A former cohabitant would have to show that either their former partner retained a benefit or that they had a continuing economic disadvantage as a result of contributions made to the relationship. The value of what would be received would be dependent on the extent of the retained benefit or economic disadvantage and would be at the discretion of the Courts, taking as their first consideration the welfare of any dependent children.

It would be open to couples to opt out of the scheme by written agreement and they would then be able to make their own arrangements for what would happen if their relationship were to break down.

The Commission has also emphasised that, in contrast to divorce cases, cohabitants would not be expected to meet a former partner's future needs by means of maintenance payments although they would of course still remain under a duty to make payments in respect of dependent children.

It has been made clear that the Commission does not accept that these proposals will undermine the institution of marriage. They say that legal aspects such as these are very low on the list of couples' considerations when they are contemplating a new relationship.

What do you think? If these proposed reforms do become law what impact will they have on couples starting out in their lives together?

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