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16 May 2025 / Caroline Bowden
Issue: 8116 / Categories: Features , Family
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Cohabitees: crafted or shafted?

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Caroline Bowden sets out the need for cohabitation reform—for some couples but not others
  • This article discusses the need for law reform to protect vulnerable cohabitees, particularly women, who are economically disadvantaged in cohabiting relationships.
  • It differentiates between crafted couples, who choose not to legally regulate their relationship, and shafted couples, in which one partner is economically dominant.
  • It suggests new legal provisions to better protect vulnerable cohabitees.

Why cohabit? All couples are now free to marry and all couples are now free to enter a civil partnership. Should there be law reform for couples who choose not to commit to either?

That question has already been answered. The government’s pre-election manifesto pledged to ‘strengthen the rights and protections available to women in cohabiting couples’.

Why just women? What about same-sex couples, or when the male cohabitee takes on the main parenting role? While the law is sure to cover these situations, the government has framed the problem around the most common stereotype: a more financially powerful man/father and his more economically dependent woman/mother cohabitee. This article is mainly

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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