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Law Commission's Remedies For Separation Essay

1377 Words6 Pages

The law on cohabitation has been broadly debated upon and criticised; to such a great degree that there is an endless debate on whether or not it needs to be reformed. Cohabitation is defined as an arrangement between two people who are not married, live together on a long-term or permanent basis without formally registering their relationship. This varies from formal relationships, such as marriage and civil partnerships as these are relationships have to comply with statutory formalities. The aim of this paper is to identify the Law Commission’s proposals for reform of the law regarding the remedies for cohabitants on separation. Firstly, this paper will emphasise the impact of the present law, which leaves cohabitants with insufficient provisions. …show more content…

Some view it as a step prior to marriage, while others view it as a practical alternative . There has been a significant increase in the percentage of cohabiting couples; as stated by the 2001 census, the rate of cohabitants has increased by 67% in the last 10 years, as per the Law Commission Report 307 (2007) cohabitation is ‘’expected to become more prevalent in the future’’. It was also stated in the report that according to the British Social Attitudes Survey 2000, the public’s view on cohabitation is affirmative, with 67% of respondents approving that it is ‘’alright for a couple to live together without intending to get married’’ …show more content…

Granting the increase of cohabiting couples, as stated by the Law Commission, is not a satisfactory reason as such to validate a change in the law. Currently, cohabitants with no children must have resources to the general law of property and trusts, whilst cohabitates with children can enforce Schedule 1 of the Children Act 1989 so as to make a financial claim for the material products of the relationship. The present law does not take sufficient account of the financial consequences of contributions made by the parties, in particular, non-financial contributions, for instance one partner giving up work to raise a child

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