Author: Great Britain: Law Commission

Publisher: The Stationery Office

Published: 2006-05-31

Total Pages: 380

ISBN-13: 0117302651

This consultation paper considers options for reform of the current law in relation to the property and financial rights of cohabiting couples (either opposite-sex or same-sex couples) when a relationship ends. Although the paper does discuss the situation in relation to when one of the partners dies, it focuses on whether a new scheme is needed to provide financial remedies on separation when a relationship breaks down. Amongst the provisional proposals, the Committee identifies the need for the introduction of new statutory remedies to address the separation of cohabiting couples who have children; however the situation for cohabitants without children is found to raise more difficult social policy questions and the views of consultees are sought about their eligibility within the proposed scheme. Other proposals include: that courts should be given discretion in determining financial claims on separation (rather than having fixed rules for property division) based on principles of the contributions of both parties to the joint household and to the welfare of dependent children both before and after separation; with the provision for an opt-out agreement for couples under the proposed statutory scheme. Responses to the proposals should be received by 30th September 2006 and a final report is due to be published by August 2007. An overview document summarising the key issues considered is available separately (ISBN 011730266X).