John Hooper & Co

Solicitors

Newsletter 27– NEW RIGHTS FOR COHABITEES?

Official figures indicate that there are now more couples living together than those who are married. This has been a developing trend over recent years but there has been no corresponding response from the legislature to cater for the consequences of the breakdown of a cohabitation relationship. The law is in a very unsatisfactory and inadequate state.

Property rights are determined by the Law of Trusts which can be rigid and involve high costs in the event of court proceedings. Regardless of the duration of the period of cohabitation, it is very difficult for a party whose name is not on the Title Deeds to establish an interest in the family home. Furthermore, unless the parties have, during their relationship, been engaged, there is no process by which property issues (such as the division of contents) can be determined by the Courts.

Nor is it possible for a non-working partner, even if that person is caring for the couple’s children, to obtain a maintenance Order for themselves. (Child maintenance is only available through the CSA in the absence of agreement between the parents).

So has the Government done anything about this problem, which affects millions of people? Certainly not the last Government who “shelved” a Private Members’ Cohabitation Bill in 2009.

Currently, representations are being made by our own John Hooper to a representative of the Government about these problems. It is to be hoped that the coalition will recognise the urgent need for constructive legislation in this area.

Such legislation should provide a framework for the recognition of the legal rights of cohabiting couples and appropriate mechanisms for resolving financial disputes between them in the event of the breakdown of the relationship.

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