Unmarried couples 'need new rights'

The Law Commission has concluded that cohabiting couples with children or those who have lived together for a minimum period should have more protection if the relationship ends.

The report says the financial value of each partner's contribution during the relationship should be taken into account. But it stopped short of awarding couples who live together the same rights as married couples.

Unlike in cases of divorce, cohabiting couples would not be expected to provide ongoing maintenance payments and there would be no principle that assets should be split equally.

The commission said: "Merely moving in with someone would not give rise to any entitlement to a remedy."

Stuart Bridge, the law commissioner responsible for the reforms, said: "The law that currently applies to resolve property disputes between unmarried couples on separation is unclear and complicated, and it can produce unfair outcomes. This causes serious hardship not only to cohabitants themselves, but also to their children.

"The scheme we are recommending, in the light of consultation, is distinct from that which applies between spouses on divorce. It would not apply to all cohabitants and where it did apply would only give rise to remedies relating to contributions made to the relationship.

"We do not accept the argument that such reform would undermine marriage. We consider that our scheme strikes the right balance between the need to alleviate hardship and the need to protect couples' freedom of choice."

The plans leave it to ministers to fix the minimum period a couple should live together before they are eligible, but it suggests a minimum period of between two and five years.

The commission, which advises the government on legal reform, says the current law is "uncertain and expensive to apply and, because it was not designed for cohabitants, often gives rise to results that are unjust".