header-logo header-logo

Cohabitation: a call to action

03 March 2023 / Jane Craig
Issue: 8015 / Categories: Opinion , Family
printer mail-detail
113336
As the number of people living together without marrying continues to rise, the time for an ‘opt-out’ cohabitation law regime is now, argues Jane Craig

It took 34 years of tireless campaigning, and a judgment in the Supreme Court, to achieve ‘no fault’ divorce in England and Wales (Owens v Owens [2018] UKSC 41, [2018] All ER (D) 144 (Jul)). When the Divorce, Dissolution and Separation Act 2020 finally came into force on 6 April 2022, to a huge media fanfare, there was a collective sigh of relief among family justice professionals.

The next hurdle to overcome will be to achieve cohabitation law reform, which is similarly long overdue.

The argument on choice

The Family Law Reform Now Network’s Cohabitation Reform Conference in January was inspirational. It brought together academics from different jurisdictions, practitioners, and the Scottish Law Commissioner. They shared their research and insights into what works and what doesn’t in other countries, why we need reform in this country, and how we might achieve it.

One

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll