Lawyer backs bill to boost unmarried couples' rights

By Ben Schofield on Dec 16, 08 10:15 AM

Godfrey Freeman.jpg

A MERSEYSIDE solicitor is behind a bill aiming to change the law to give unmarried couples more rights if they split up.

The Cohabitation Bill had its first reading in Parliament on Thursday.

Sponsored by Lord Lester of Herne Hill, it is borne out of a campaign run by family law group Resolution, which is chaired by Morecrofts partner Godfrey Freeman.

Mr Freeman told LDP Legal the bill gives unmarried couples "75%" of the rights of married couples if they split up.

The bill defines a couple as two adults - whether opposite or same sex - who have lived together for a minimum of two years, or who have a child together.

But if they split up, they will be able to apply for the same kind of relief married couples have. That will include maintenance payments, access to children and the division of assets.

All couples would automatically get the rights unless they choose to opt out after seeking legal advice.

Describing those he hopes the bill will help, Mr Freeman said: "Usually the disadvantaged person in the couple more often than not is the female partner who has perhaps moved into a boyfriend's house, but that has always been in his name, and who has given up a career to adopt a traditional role as a mum and housewife. Whereas at the moment her rights are very very few, this will more or less give the same benefits as a married couple.

"It's really to protect those that have given up something to make a go of this relationship and they are going to suffer usually financially because of the break up.

"What's important is that it automatically catches a couple unless they opt out. It's not a choice to opt in. The opt out agreement has to be in writing and after legal advice."

On the support for the bill, Mr Freeman added: "At the moment we have an indiction from a lot of peers that know Lord Lester, that they are quite keen. In the Commons it's Mary Creagh, the Labour MP [for Wakefield], and she will probably sponsor it in the Commons if we get passed the second reading in the Lords."

Mr Freeman said the Government is "steering completely away" from family law matters because the area is seen as a "political hot potato".

The bill should get its second reading in the House of Lords early next year, after which it will be debated by peers.

Resolution hope it will pass the Lords and head to the House of Commons for consideration.