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Cohabiting law changes proposed | Cohabiting law changes proposed |
(about 3 hours later) | |
Couples who are living together should have more legal rights, according to a report by the Law Commission. | Couples who are living together should have more legal rights, according to a report by the Law Commission. |
It says the 2.2m cohabiting couples in England and Wales should have more protection if they split up. | It says the 2.2m cohabiting 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, but says they should be able to make a financial claim if they break up. | It does not suggest cohabiting couples get the same rights as married ones, but says they should be able to make a financial claim if they break up. |
Ministers are studying the proposals but some critics complain they amount to a "kind of marriage lite". | Ministers are studying the proposals but some critics complain they amount to a "kind of marriage lite". |
The Law Commission suggests couples without children should have lived together for at least two years for them to be able to make a financial claim. | The Law Commission suggests couples without children should have lived together for at least two years for them to be able to make a financial claim. |
Any financial compensation would be based on the contribution to the relationship, and the scheme would allow for couples to opt out. | Any financial compensation would be based on the contribution to the relationship, and the scheme would allow for couples to opt out. |
Unlike in divorce, there would be no principle for co-habiting couples that assets should be shared equally, and no ongoing maintenance payments. | Unlike in divorce, there would be no principle for co-habiting couples that assets should be shared equally, and no ongoing maintenance payments. |
Our scheme strikes the right balance between the need to alleviate hardship and the need to protect couples' freedom of choice Stuart BridgeLaw Commission class="" href="/1/hi/uk/6924617.stm">How scheme might work | |
But it would mean that if, for example, a partner has given up a career to bring up children, they should receive compensation if the couple separates. | But it would mean that if, for example, a partner has given up a career to bring up children, they should receive compensation if the couple separates. |
The Law Commission advises the government on legal reform. | The Law Commission advises the government on legal reform. |
Stuart Bridge, the law commissioner responsible for the reforms, said current law for dealing with property disputes was "unclear and complicated". | 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. | It often caused serious hardship for not only the couple, but their children too, he said. |
He rejected claims such reforms would undermine marriage. | 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." | "We consider our scheme strikes the right balance between the need to alleviate hardship and the need to protect couples' freedom of choice." |
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 | 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 |
But Jill Kirby of the Centre for Policy Studies criticised the plans as introducing a "kind of marriage lite". | But Jill Kirby of the Centre for Policy Studies criticised the plans as introducing a "kind of marriage lite". |
"If a man and a woman want to create a family together, then the most durable contract available to them is marriage," she said. | "If a man and a woman want to create a family together, then the most durable contract available to them is marriage," she said. |
"If they decide not to marry, then I think consequences must flow from that, and that if we introduce... a kind of substitute version, as the Law Commission proposes, then it does detract from that institution and I think will lead to more confusion." | "If they decide not to marry, then I think consequences must flow from that, and that if we introduce... a kind of substitute version, as the Law Commission proposes, then it does detract from that institution and I think will lead to more confusion." |
And Richard Kane, founder of National Marriage Week, said although he personally thought people should marry rather than cohabit, he disagreed with the state "interfering" with cohabiting couples in such a way. | And Richard Kane, founder of National Marriage Week, said although he personally thought people should marry rather than cohabit, he disagreed with the state "interfering" with cohabiting couples in such a way. |
'Common-law myth' | 'Common-law myth' |
"We think a much stronger way to do this would be for a couple to actually have to make a choice to go and sort of make a registration if you like.... | "We think a much stronger way to do this would be for a couple to actually have to make a choice to go and sort of make a registration if you like.... |
"I am concerned about the state interfering then by default." | "I am concerned about the state interfering then by default." |
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, cohabiting couples have very little legal protection. | However, at present, cohabiting 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. |
A similar rights package was introduced in Scotland in May last year. | A similar rights package was introduced in Scotland in May last year. |