Cohabitants should have
scope for financial redress in the event of a relationship
breakdown, warns Law Society
Commenting on the government's
refusal to enact legislation on cohabitation in this Parliament the
Law Society says reform of cohabitation law is badly needed as
cohabitants should have proper redress in the event of a
relationship breakdown, when their financial and property rights
need to be adjusted.
The Law Society has long
supported reform of cohabitation law and it supports the Law
Commission's proposals for legislation in this area.
Responding this week to the
Government's refusal to enact legislation Law Society President
John Wotton said this area of law is in need of reform to provide a
more rational and structured system than exists at
present.
“The Law Society believes
that the current legislative framework for cohabitation is
unnecessarily expensive, and that reforms to it could reduce costs,
free up time for the Courts, and provide separating couples with a
more satisfactory experience.
“The government's response
is that the family justice system is already under review. However
the Family Justice Review specifically excludes ancillary relief;
the financial proceedings surrounding the separation of a couple,
let alone cohabitation law, which remains dealt with under civil -
not family - rules.
“One of the roles of the
law is to protect the vulnerable. The law that currently exists for
cohabitants is disjointed and grossly inadequate. Solicitors
practising family law regularly see injustice when cohabiting
couples' relationships break down. Unmarried couples
who are living together and those who are still married, but are
now living with a new partner, need to know where they stand in the
event of a break-up.”
Ends
Notes to Editors:
Contact: Catherine Reed, The Law
Society
+44 (0)20 7320 5902