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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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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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