New cohabitation bill launched

Lib Dem peer Lord Marks has introduced a new cohabitation bill, following calls from lawyers and campaign groups for laws that give the growing number of people who live together specific rights.

The private member's bill intends to implement recommendations from the Law Commission 2007, proposing an 'opt out' system that would automatically bring cohabiting couples within scope of the rules unless they chose not to be included.

Couples would fall within scope if they have lived together as a couple for two years or more, or if they have children. Cohabiting couples would be given similar rights to married couples, although not as far reaching, including the right to make an application to the court for a financial settlement order within two years of separation.

Where the applicant has made a qualifying contribution to the couple’s finances and is subsequently at a disadvantage or where the other partner retains a benefit, the court could make such an order if it considered it ‘just and equitable’ to do so.

In divorce proceedings, financial settlement orders include payment of lump sums, the sale or transfer of property, and pension sharing.

Under the proposed Bill, couples could opt out of scope of the proposed laws but only after receiving independent legal advice.

For information on cohabitation and separation, please contact Alistair Dobson at Lawson-West on 01858 445 480.

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