Law Commission: unmarried couples with children benefit

Family practitioners this week welcomed Law Commission proposals to give legal and financial rights to cohabiting couples in the event of separation or death.


The government's law reform advisory body proposed that financial remedies - including periodic payments, lump sums and property transfers - should be available on separation for couples who have lived together with children, but stopped short of extending the application of the law available on divorce to cohabitants.


The commission did not feel that all cohabiting couples should be eligible for relief, and suggested that former cohabitants claiming compensation would need to show they had been disadvantaged economically during the relationship. It was silent on the length of time a couple would need to have been cohabiting before they were eligible, but the consensus from lawyers was that two years would be appropriate.


David Allison, chairman of Resolution's cohabitation working party, said the law at present caused significant injustice and financial hardship to many people when their relationship ended. 'Most unmarried couples are ignorant of the lack of protection or rights - most believe, wrongly, that they are protected by the so-called status of "common law husband or wife" and only find out it is a myth when things go wrong,' he said.


Christina Blacklaws, chairwoman of the Law Society's family law committee, commented: 'Given the increasing number of cohabiting couples in this country, it's hugely important that legislation is put in place.'


While also welcoming the proposals, Julian Washington, a partner at London firm Forsters, warned that there would be some opposition as they derogated from the unique position that marriage and, more recently, civil partnership have.


Law Society President Kevin Martin said he hoped the consultation would result in 'a more rational and structured system.'


Consultation will end on 30 September 2006, and the commission's final recommendations will be submitted to ministers next summer.