James Carroll, Co-Chair of the Law Society's Family Law Committee: Jones v Kernott

The Supreme Court's decision on the case of Jones v Kernott proves one thing - Statutory Reform of cohabitation law is essential.

The law for cohabiting but unmarried couples at present is complex. Although the Law Commission supported by the Law Society has made proposals to reform successive governments have failed to legislate. Regrettably the situation remains unsatisfactory for unmarried couples who separate and if they can't agree they face a complicated and costly legal dispute.

Contrary to popular belief there is no such thing as a ‘common law spouse'. Principles of property law apply to cohabitants. The rights of cohabitees do not compare to those of married couples and query with reform if they ever will. Divorce law has an overriding duty to search for fairness and to try to ensure that as a minimum each party's needs are met. Property law principles are very different and may mean that one party will be left in a...

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