FINANCE: move to let partners make claims on separation


Unmarried couples living together should have greater legal protection if the relationship fails, according to Law Commission recommendations published this week.



The proposals fall short of awarding cohabiting couples the same rights as married couples, but propose that those who have children or have lived together for a minimum of two years should be able to make financial claims on separation.



Stuart Bridge, the commissioner responsible for the review, said the case for reform was 'powerful', arguing that the current law was unclear, complex and could produce unfair outcomes and serious hardship for cohabitants and their children.



The number of cohabiting couples in England and Wales is set to increase from two million today to 3.8 million by 2031. Across the UK, the proportion of births to unmarried couples has increased from less than 10% in 1970 to 42% in 2004.



Unlike in divorce cases, the approach will not be defined by sharing assets and ongoing maintenance - the focus will usually be compensating financial loss or redistributing economic gain by one of the parties. Couples can also opt out of the scheme, in writing, if they wish.



Marilyn Stowe, a partner at family law specialist Grahame Stowe Bateson, estimated that one in every five instructions at her firm involves cohabitees. She said the law is 'desperately in need of reform', recommending that couples did not opt out until 'the measure of what is likely to happen is better known'.



A survey released by family lawyers' group Resolution claimed that 70% of solicitors who took part backed reform.



Anita Rice