Oct 17 2011
Government Backs Out of Family Law Changes By Postponing Reform of Cohabiting Laws
Cohabiting couples have been dealt a blow after it was revealed that there would be no changes to the cohabitation laws during the current parliament.
Jonathan Djanogly, under-secretary of state for the Ministry of Justice, has confirmed that there are no immediate plans to update the current legislation which covers the rights of cohabiting couples.
Family Law Solicitors have long claimed that change is urgently needed to the cohabiting legislation, which they argue is far too complex and in their current form.
Those who support reform for cohabiting rights say that restructuring the legislation would reduce costs for the government as it would free up time spent in courts, and would also prove less stressful for the cohabiting couples themselves.
The Law Commission first recommended reform of cohabiting rights in 2007, but none of its recommendations were considered or introduced by the previous parliament.
Among the changes proposed by the Law Commission included giving cohabiting couples who have been living together for five years the same rights as married couples.
Those who have been cohabiting for two years would be entitled to inheritance rights, while couples with children would receive inheritance rights automatically if either partner died without a will, regardless of how long they have been cohabiting for.
John Wotton, president of the Law Society, said: “Cohabitants should have scope for financial redress in the event of a relationship breakdown. This area of law is in need of reform to provide a more rational and structured system.”