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Law is 'unjust' for unwed couples Law is 'unjust' for unwed couples
(about 1 hour later)
Couples who are living together should have more legal rights, according to a report from the Law Commission.Couples who are living together should have more legal rights, according to a report from the Law Commission.
It says the current law is "unjust" and the 2.2m co-habiting couples in England and Wales should have more protection if they split up. It says the current law is "unjust", and the 2.2m co-habiting couples in England and Wales should have more protection if they split up.
The report says the majority of couples who live together wrongly believe they are protected by what is known as "common law" marriage. It does not suggest cohabiting couples get the same rights as married ones.
But it has denied its proposals will undermine marriage. But it does suggest financial compensation after a break-up, based on the contribution to the relationship.
The Law Commission, which advises the government on legal reform, wants a financial value put on the contribution each person makes during the relationship. Couples without children should have lived together for at least two years for this to apply, it suggests.
HAVE YOUR SAY I thought living together was all about not being committed. If you want the benefits of commitment, get married! Heather, West Sussex Send us your commentsHAVE YOUR SAY I thought living together was all about not being committed. If you want the benefits of commitment, get married! Heather, West Sussex Send us your comments
For example, if a partner has given up a career to bring up children, they should receive compensation in the event the couple separates. The Law Commission advises the government on legal reform.
The proposals would apply to couples with children and childless couples who have lived together for at least two years. It says the current law is "complex, uncertain, expensive...and often gives rise to outcomes that are unjust".
But the Law Commission stopped short of awarding couples who live together the same rights as married couples. It wants a financial value put on the contribution each person makes during a cohabiting relationship.
'Common law' myth For example, if a partner has given up a career to bring up children, they should receive compensation if the couple separates, it suggests.
At present, co-habiting couples have very little legal protection if the relationship breaks down. At present, cohabiting couples have very little legal protection if the relationship breaks down.
The Law Commission report claims the current law is "complex, uncertain, expensive...and often gives rise to outcomes that are unjust". The commission said many believed in the "common law" myth - the idea that partners would be entitled to a share of the assets when a relationship broke down.
It said research indicates that the majority of co-habitants believe in the "common law" myth - the idea that partners would be entitled to a share of the assets when a relationship broke down.
The report was two years in the making and builds on a consultation paper published in May 2006.The report was two years in the making and builds on a consultation paper published in May 2006.
The government is now considering the recommendations.The government is now considering the recommendations.