Supreme Court verdict
gives cohabitees more clarity, though urgent reform still is
required
Cohabitees who are separating
now have greater clarity about how their assets should be shared
following a Supreme Court ruling today.
In welcoming the ruling, Law
Society President John Wotton said:
“This judgement moves the
law forward because it allows courts to reach a view about what the
parties intended, and what a fair outcome should look like.
However, the meaning of 'fairness' in cohabitation law is not
the same as fairness in marriage. Today's verdict only goes so far
in providing cohabiting couples with clarity about what will happen
to shared property on a relationship breakdown. The fact is that
successive governments have failed to legislate on the rights of
unmarried couples living together, despite the Law Commission's
proposals for reform, which we have supported.
“Many cases could still
end with what most people would consider an unfair outcome. The
confused state of the law continues to cause stress, litigation and
costs - and hence ultimately is damaging for families and
children.
“It is crucial that
couples who are thinking of buying a property and living together
take legal advice from a solicitor to reduce the likelihood of
potential problems later. Solicitors are highly experienced in
dealing with house purchases and helping people properly set up
their financial arrangements. A solicitor will help to avoid
unforeseen problems, about legal rights in a relationship
generally, and can discuss how rights might change as a
relationship develops, such as children or marriage.'
Ends
Notes to Editors:
The Law Society is the
representative body for more than 145,000 solicitors in England and
Wales ('the Society'). The Society negotiates on behalf of the
profession, and lobbies regulators, government and
others.
Contact: Catherine Reed, The Law
Society
+44 (0)20 7320 5902