LIVERPOOL family lawyers have backed the Government’s report on granting legal rights to cohabiting couples, and say it should be implemented as soon as possible.
The report, by the Law Commission, recommended legal rights for cohabitants, covering their property and finances when they separate.
The proposals will impact on couples who have a child together or have lived together for a minimum of between two and five years.
The settlement would be at the discretion of the courts, taking as their first consideration the welfare of any dependent children.
It would be open to couples to opt out by written agreement and they would then be able to make arrangements for what would happen if their relationship were to break down.
Unlike divorce cases, cohabitants would not be expected to meet a former partner's future needs by means of maintenance payments
Mace & Jones family law partner Emma Collins, a member of the Cohabitation Working Party of Resolution, the family law campaign body, said that the recommendations should be taken up by the Government without delay.
She said: “At present, there is no comprehensive law in place giving guidelines on dealing with finances and property after a cohabiting relationship breaks down, which means they are left in a legal mess.
“What we need is a simple, custom-built law for cohabitants, which will provide a legal framework which will make it quicker, and cheaper, to come to an agreement.
“The big question is whether the Government will accept the recommendations and how soon they will bring in new laws.
“ I believe the legislation is long overdue and must be implemented as soon as possible, to help people who are among the most vulnerable in our society.�
Helen Marriott, head of family law, Brabners Chaffe Street, also backed the proposals but recommended couples about to move in together organise the equivalent of a prenuptial agreement.
She said: “The ‘common law spouse’ is nothing more than a myth. The reality is that people are free to choose to live how and with whoever they wish. Some marry, some cohabit.
“I think the proposals should be welcomed. They will go some way to redressing the often gross injustice that can occur.
“But if you genuinely don’t want to run the risk of financial claims being pursued against you, the Commission suggests couples opt-out of their proposed framework and regulate their affairs instead by signing cohabitation agreements in the same way that spouses-to-be would have a pre-nuptial deal.
“I agree. In my professional experience, it’s better for couples to think about the practicalities of living together before doing so than count the cost afterwards.�
The Law Commission does not believe that these proposals will undermine the institution of marriage.