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13 September 2007 / Donna Whitehead
Issue: 7288 / Categories: Features , Family
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Splitting costs

Donna Whitehead examines the Law Commission’s recommendations on the financial rights of cohabitants on relationship breakdown

The Law Commission published recommendations on cohabitation reform in Cohabitation: the Financial Consequences of Relationship Breakdown (Cm 7182) on 1 August 2007.

According to the Office for National Statistics, the number of couples opting to cohabit has risen by 50% between 1996 and 2004. Despite this, the redistribution of money and property at the end of a cohabiting relationship can only be regulated—in the absence of an express agreement—by the imposition of complex equitable remedies. The commission has concluded that the application of these remedies is unfair, uncertain and procedurally complex.

WHO WILL BE PROTECTED?

The commission concluded that not all cohabitants should be able to obtain financial relief in the event of separation. To be protected, a cohabiting couple would have to satisfy three requirements:
- the couple would have to be regarded as eligible;
- they must not have agreed to opt out of the scheme; and
- the applicant would have to demonstrate a qualifying contribution to the
relationship.

WHO

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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