Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles

Law Commission proposals to reform the law on cohabitation shelved

Sep 29, 2018, 19:05 PM
Slug : LawCommissionProposalsCohabitation27092011-963
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Oct 25, 2011, 12:31 PM
Article ID : 97101

ParliamentThe Government has announced that it will not implement the Law Commission's recommendations for reform of cohabitation law.

In 2007 the Law Commission recommended the introduction of a new scheme of financial remedies which would not apply to all cohabitants and where it did apply would only give rise to remedies relating to contributions made to the relationship.

In a statement to the House of Commons Justice Minister Jonathan Djanogly said:  "The Law Commission published its report on 31 July 2007, but no action was taken by the previous Administration, who wished to first seek research findings on the Family Law (Scotland) Act 2006. This Government have now carefully considered the recommendations of this thorough report, together with the outcomes of research on the 2006 Act.

"The findings of the research into the Scottish legislation do not provide us with a sufficient basis for a change in the law. Furthermore, the family justice system is in a transitional period, with major reforms already on the horizon. We do not therefore intend to take forward the Law Commission's recommendations for reform of cohabitation law in this parliamentary term."

In March 2008, the previous Labour Government responded to the Law Commission's report by announcing that it would be taking no further action on the recommendations, choosing to wait until the research findings from the implementation of the Family Law (Scotland) Act 2006, which came into effect in 2007.

Speaking to The Times last February, the President of the Family Division, Sir Nicholas Wall, gave his support to the reforms and said that unmarried couples should have rights to a share of property if they split up.

Sarah Higgins, Partner and Head of the Family group at Charles Russell LLP said: "It is a pity that the Law Commission proposals for the reform of the law on cohabitants has been shelved. These proposals would not have led to cohabitants having the same rights as married couples, as they applied only to those who had made qualifying contributions and who had lived together for a certain length of time. There were also provisions for opting out.

"The current law can be uncertain and expensive, and lead to an unfair result particularly to the partner in the weaker financial position who has made a non-financial contribution (such as bringing up children). Although greater public awareness of the pitfalls of cohabitation may assist some, the Commission accepted that this was not the whole answer as people may not wish, or be in a position, to marry. One of the couple may be unwilling to marry leaving the other partner with the choice of putting up with the position or leaving the relationship. Mediation is not a panacea either as if partners can't reach agreement then their legal options are limited under the current system."

Categories :
  • News
Tags :
Provider :
Product Bucket :
Recommend These Products
Load more comments
Comment by from