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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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The law sector has been chosen as the testing ground for the government’s AI Growth Labs—speeding up development, testing and regulatory compliance so software can be market-ready more quickly
A range of options beyond burial, cremation and burial at sea could become legally available, under Law Commission recommendations
Artificial intelligence (AI) legal assistants will be deployed to cut delays in the Crown Court, ministers have announced
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