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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 by 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.
It does not suggest cohabiting couples get the same rights as married ones.It does not suggest cohabiting couples get the same rights as married ones.
But it does suggest financial compensation after a break-up, based on the contribution to the relationship. But it does suggest financial compensation after a break-up, based on the contribution to the relationship, and would allow for couples to opt out.
Couples without children should have lived together for at least two years for this to apply, it suggests.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 comments
The Law Commission advises the government on legal reform.The Law Commission advises the government on legal reform.
Our scheme strikes the right balance between the need to alleviate hardship and the need to protect couples' freedom of choice Stuart BridgeLaw Commission
It says the current law is "complex, uncertain, expensive...and often gives rise to outcomes that are unjust".It says the current law is "complex, uncertain, expensive...and often gives rise to outcomes that are unjust".
It wants a financial value put on the contribution each person makes during a cohabiting relationship.It wants a financial value put on the contribution each person makes during a cohabiting relationship.
For example, if a partner has given up a career to bring up children, they should receive compensation if the couple separates, it suggests.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, cohabiting couples have very little legal protection if the relationship breaks down. Stuart Bridge, the law commissioner responsible for the reforms, said current law for dealing with property disputes was "unclear and complicated".
It often caused serious hardship for not only the couple, but their children too, he said.
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 comments
He rejected claims such reforms would undermine marriage.
"We consider our scheme strikes the right balance between the need to alleviate hardship and the need to protect couples' freedom of choice."
The commission says it should be up to ministers to fix a minimum period that a couple should live together for before the scheme applied.
Unlike in cases of divorce, cohabiting couples would not be expected to pay continuing maintenance payments and there would be no principle that assets should be split equally.
'Common-law myth'
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.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.
However, at present, co-habiting couples have very little legal protection.
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.