The government must support the reform of cohabitation law, says Graeme Fraser
The House of Lords’ debate on Lord Marks’s Cohabitation Rights Bill on 12 December 2014 highlighted the arguments for and against cohabitation law reform. It also confirmed the government’s continued resistance to supporting immediate legislation to provide financial protection to cohabitants upon relationship breakdown.
Addressing economic unfairness
Lord Marks (Liberal Democrat) explained that the Bill proposes to address economic unfairness at the end of a relationship that has enriched one party and impoverished the other. Cohabitants are defined as a couple who live together and have children, or who have lived together for at least two years. The parties can opt out of the regime, provided that requirements for independent legal advice and other safeguards are met. Qualifying contributions to justify a redistribution of assets could be financial or could be in work or in kind. If the other party has derived and retained a benefit, or the applicant has suffered or would in the future suffer “an economic disadvantage”, the court would be empowered to award a financial settlement.
Mixed opinions
Baroness
