Family law solicitors have welcomed plans to give same-sex couples equal rights to those who are married - but have expressed concerns that the changes will do nothing to level the playing field for cohabiting heterosexual couples.

Speaking out after last week's publication of the Civil Partnerships Bill, the Solicitors Family Law Association (SFLA) said courts should have greater flexibility to consider all the circumstances of the relationship where people have children or have lived together for two years or more.

The civil partnerships bill creates new rights and responsibilities for cohabiting same-sex couples, ranging from the provision of maintenance and other property in the event of breakdown of the relationship to employment and pension benefits and protection from domestic violence.

However, it does not affect heterosexual couples.

Launching the bill, equality minister Jacqui Smith said the legislation showed that the government recognised the value of committed same-sex relationships.

'It opens the way to respect, recognition and justice for those who have been denied it for too long,' she added.

The SFLA and the Law Society are now working on a draft bill for a new system that operates outside of current matrimonial laws, including a partnership registration scheme for all cohabitants who do not wish to get married but want to make a legally-binding commitment to each other.

They said the time was now right for the government to put heterosexual cohabitants' rights at the top of the political agenda and hope to discuss their proposals with ministers shortly.

SFLA cohabitation committee head Jane Craig said 56% of people think that couples who live together have the same rights as married people.

'They don't, and they are left at the mercy of property law, which is inadequate to deal with these family situations,' she added.

Law Society chief executive Janet Paraskeva agreed that reform was long overdue.

'When such relationships end, the outcome can be unfair to some people,' she said.

Paula Rohan