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No progress on cohabitation reform

Last summer it seemed that there was every chance of cohabiting couples gaining similar rights to married couples under landmark proposals from the Law Commission.  However, it now seems this movement has stalled.

Today, the Government has announced that it will not be taking any further action until they have the results of research from the Scottish Executive.  Bridget Prentice, the Justice Minister, said that it will review the likely cost and benefits of progressing the Law Commission’s proposals in light of the research.

This all comes after two years of work by the Law Commission drawing up detailed proposals for a new approach to the breakdown of relationships where couples are unmarried.  It had been suggested that an unmarried individual who had lived with their partner should be able to make a claim against them after the split, if they could show financial loss as a result of the relationship.

More and more people are cohabiting for numerous reasons and the Government Actuary’s Department estimates that by 2031, almost four million couples will be living together outside marriage.  But beware - there is no such thing as a “common law wife”, the current legal situation for cohabitants is complex and for now, at least, we are still waiting for reform.   

Laura Brodie

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