Cohabitation – Is reform coming?
After years of campaigning by family law group, Resolution, the Government has just launched a consultation on reforming the law for cohabitants on separation, and for cohabitants on death.
The law in relation to separating married couples has seen reform in recent years, notably with the introduction of “no-fault” divorce, and has for decades provided for financial remedy, evolving through case-law, to protect from unfair financial arrangements for those exiting a marriage.
However, the law in relation to separating cohabitants has not changed, despite significant changes to society in the way people set up their family homes. Over the years, marriage has declined, and people are increasingly choosing cohabitation over marriage.
Cohabitants whose relationships end in separation have very few protections under the existing law, with the result that many are exposed to severe financial hardship and have no legal right to address with their former partner. It can be the most vulnerable in society, including children and victim survivors of domestic abuse, who are the most affected.
The family team at Burley Geach welcome the consultation which runs through the Summer. It remains to be seen whether the Government will change its policy and introduce legislation.
Should you be facing a relationship breakdown as a non-married party then there are steps you can take to protect yourself. Please do not hesitate to contact one of our specialist family solicitors for a non obligatory consultation.
