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16 May 2025 / Caroline Bowden
Issue: 8116 / Categories: Features , Family
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Cohabitees: crafted or shafted?

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Caroline Bowden sets out the need for cohabitation reform—for some couples but not others
  • This article discusses the need for law reform to protect vulnerable cohabitees, particularly women, who are economically disadvantaged in cohabiting relationships.
  • It differentiates between crafted couples, who choose not to legally regulate their relationship, and shafted couples, in which one partner is economically dominant.
  • It suggests new legal provisions to better protect vulnerable cohabitees.

Why cohabit? All couples are now free to marry and all couples are now free to enter a civil partnership. Should there be law reform for couples who choose not to commit to either?

That question has already been answered. The government’s pre-election manifesto pledged to ‘strengthen the rights and protections available to women in cohabiting couples’.

Why just women? What about same-sex couples, or when the male cohabitee takes on the main parenting role? While the law is sure to cover these situations, the government has framed the problem around the most common stereotype: a more financially powerful man/father and his more economically

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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