Living together

The law, and in no small part lawyers themselves, were blamed this week for causing the demise of the institution of marriage.

That serious charge was voiced at the Law Society/Gazette-sponsored debate on the rights of cohabitees, and was based on the premise that the removal of fault from divorce had undermined marriage and accelerated its decline.

That must seem a bit far fetched to solicitors working at the sharp end of family law.

What is beyond all doubt is that society and its mores have changed dramatically since the end of the Second World War.

The law must keep up; but in England and Wales it is in danger of falling behind countries such as Scotland, Australia, France and Holland, where laws have been passed recently giving cohabitees greater rights.

Unfortunately, a Law Commission consultation paper seems to be on permanent hold.

Ministers should be looking at reforms that would: create a standard definition of cohabitation; provide both heterosexual and homosexual cohabitants with increased protection; allow cohabitants the right to apply for capital provision on separation; change the law relating to tenancies to place heterosexual and homosexual cohabitants in the same position; allow cohabitants the right to apply for maintenance on separation; create cohabitation contracts; allow cohabitants the right to take advantage of pension earmarking and sharing; and amend the laws relating to life assurance, nationality and inheritance.

Creating a fairer society should not be seen seen as an attack on the sanctity of marriage.