Society launches rights reform campaign for couples of opposite and same sex

UNMARRIED COUPLES: call for lump sums and property adjustments after long relationships

Cohabiting couples are not adequately protected when their relationship breaks down, the Law Society said last week at the launch of a campaign for reform of the law.

Unmarried couples who separate - whether of the same or opposite sex - currently have no legal rights in terms of their joint assets.

A position paper approved by the Law Society's ruling council last week would provide comprehensive legal protection for cohabitees who have lived together for more than two years or had a child together.

They would be able to apply for a property adjustment or lump sum payment, and be able to protect their right of occupation in a shared property.

There would also be limited maintenance awards for no more than four years to deal with training or issues that cannot be handled by a lump sum.

Child maintenance is already covered by the Child Support Agency.

The paper also recommends the registration of same-sex relationships, giving the partners rights and responsibilities analogous to those of married couples.

However, introducing the paper, law reform board chairman Hilary Siddle stressed that it was 'not in any way to be seen as an attack on the institution of marriage'.

More generally, Ms Siddle said the law has slipped behind.

'We have to send a clear message that law reform for the rights of cohabitants is long overdue.

It is right that solicitors, who have more experience of the problems than anyone, should lead the debate.'

The move came on the same day that the Law Commission said it had failed to find a solution to the thorny problem of establishing property rights for home-sharers when the home-owner dies or moves out.

After spending eight years considering the problem, the commission issued a discussion paper warning people who live together - whether partners, friends or family - that they 'have no legal right to a share of the property, and should take action to protect themselves'.

This means that the only option for resolving home-share disputes remains expensive court proceedings, where the courts have to attempt to reconstruct each party's original intentions.

A Solicitors Family Law Association spokeswoman said: 'We have always pushed for a new law on cohabitation, making the system fairer for everyone, but we agree with the Law Commission that it's not easy to find a one-size-fits-all model, applicable to all types of home sharers.'

Victoria MacCallum