The Government has announced that it does not intend to implement the Law Commission's recommendations for reform of cohabitation law during this parliamentary term. The Law Commission had recommended that a new scheme of financial remedies be introduced for cohabiting couples that separate.
The Law Society has commented that despite the Government’s decision, unmarried couples can sign a cohabitation agreement which would give them stronger rights should their partner die or should the couple separate.
The Society says that cohabitation agreements which are drafted by a solicitor could potentially put cohabiting couples in a better legal position than their married counterparts should the relationship breakdown.
Law Society President John Wotton said:
“Unlike pre-nuptial agreements for married couples, cohabitation agreements are recognised by the courts in England & Wales as being legally binding. It is not yet established that pre-nuptial agreements for married couples are binding in the courts.”
