'Divorce Rights' for Cohabitees

There has been a recent proposal by the Law Commission in response to demands by Ministers for a law to protect cohabitees.  This law has not yet been passed and the plans are to be outlined soon.

Presently, there are no laws to protect cohabitees if their relationship breaks down apart from a claim for child maintenance if the cohabitees have children.  This law will offer similar protection to those of divorcing couples to cohabitees and the court's will have the same discretion to award a lump-sum payment, share of the property, maintenance payments etc. 

It will have to be shown that a cohabitee has or is likely to suffer financially as a result of the breakdown of the relationship. If the relationship has been very short, it is likely that a claim will not succeed whereas if there are children to the relationship, a claim is likely to succeed. 

It is expected that this law will only apply to cohabitees who have lived together for more than two years or cohabitees, regardless of how long they have lived together, who have children. The meaning of cohabitees is both opposite and same-sex couples in 'an intimate relationship'.

There have been mixed views by the public on this proposed new law as some people feel that it will undermine marriage or civil-partnerships.  We will keep you updated as to how this law is progressing and whether it will come into force.