News

Contact the Dispute Resolution Team

Exeter 01392 210700 Email

St Austell 01726 74433 Email

Truro 01872 265100 Email

Charlie Siegle provides an update on the progress of the Cohabitation Bill through Parliament.

The Cohabitation Bill was introduced into the House of Lords by Lord Lester of Herne Hill in December 2008 and during 2009 has progressed through to Committee stage.

Cohabiting couples currently have very few legal rights when their relationships break down. In particular where disputes arise in relation to the ownership of property, couples can really only make use of Trust Law, which is often complex.

The Cohabitation Bill aims to provide greater legal rights for cohabiting couples, so that those rights are brought more into line with the rights available to married couples on divorce. For example under the Bill the Courts would have power to order lump sum settlements, periodical payments, the transfer of property and pension sharing.

The rights above would only be available to unmarried couples who have lived together as a couple for a continuous period of two years or more. That qualifying period has been extended during the Bill's progress through Parliament, to five years for couples without children.

During the second reading of the Bill in the House of Lords on 13 March 2009 it became clear that there was significant opposition to the Bill. Baroness Deech objected to it on the basis that it would retard the progress of women, degrade the relationship and would be a recipe for instability. Lord Henley was unable to support the Bill as he felt it removed choice from individuals and would weaken the institution of marriage. Baroness Scotland felt that it sought to divide assets rather than simply addressing hardship. In response in particular Baroness Turner, Baroness Butler-Sloss and Lord Lester spoke strongly in favour of the Bill.

It is fair to say that the Cohabitation Bill has had a bumpy ride through Parliament in 2009. Unfortunately the Government has indicated that they are not prepared to grant the Bill more time at Committee stage and as a result there seems no real possibility of it becoming law any time soon.

It is sincerely hoped that any objections to the Bill can be resolved and Parliamentary time allocated to it, as unmarried couples need the legal rights provided by the Bill.

Charlie Siegle is a Solicitor in the Litigation and Dispute Resolution Team in Exeter and specialises in Cohabitation disputes. He can be contacted on 01392 210700 for advice on the issues arising out of the article above.