Going around in circles on cohabitation
Graham Coy, a Partner here at Wilsons has written an article for The Law Society Gazette on the cohabitation reform consultation. Paralegal, Madeline Scott, has also contributed to this article.
Calls for legal reform to protect unmarried couples and their children have grown louder over the years, yet no changes have occurred. In July 2022, a cross-party group of MPs urged the government to enhance protections for cohabiting couples.
Recently, Lord Ponsonby, the minister responsible for family justice, stated that a consultation would take place this year to gather public feedback on cohabitation reform.
The article points out that as long ago as May 2006, The Law Commission set out detailed proposals for reform to protect those who do not marry and whose relationships break down. The recommendations concluded that not all unmarried couples should be able to ask the Courts to deal with the financial consequences of separation. Instead, it proposed a scheme with specific conditions, including:
- Meeting defined eligibility criteria;
- No prior agreement to opt-out of the scheme; and
- The applicant having made contributions to the relationship that resulted in lasting consequences at the time of separation.
Read the full article in the publication, on page 29, here.