Proposed Law for Cohabiting Couples Criticised

It is well known that on divorce claims for financial relief, or financial settlement can be brought against your ex-spouse. Cohabiting couples do not have the same rights when they separate from their partners. 

The Law Commission's recent proposals for changes in the law with regard to cohabiting couples would provide them with limited rights on separation for certain forms of financial relief from their ex-partner. It would not apply to all couples: it is proposed that in order to qualify the couple must have lived together for a minimum period (2-5 years), or have had a child together. It is also proposed that couples should be given the option of opting out of the scheme altogether.

The Law Commission's proposals have been heavily criticised by leading family law expert, Baroness Deech. In a recent lecture she has been reported as stating that such laws would prevent couples from living as they wish, and that it may lead to serious harm for children as the family is drawn into a legal battle.

Whether the Law Commission's proposals are eventually made into law or not, the current lack of rights for cohabiting couples on separation will continue for the foreseeable future.  We would strongly encourage those who are worried about the financial implications of separating from their partner to consult a family law solicitor for help and advice.