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Posted by on in Cohabitation
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No current plans to reform cohabitation law

The Government has announced that it does not intend to implement the Law Commission's recommendations for reform of cohabitation law during this parliamentary term. The Law Commission had recommended that a new scheme of financial remedies be introduced for cohabiting couples that separate.

 

The Law Society has commented that despite the Government’s decision, unmarried couples can sign a cohabitation agreement which would give them stronger rights should their partner die or should the couple separate.

 

The Society says that cohabitation agreements which are drafted by a solicitor could potentially put cohabiting couples in a better legal position than their married counterparts should the relationship breakdown.

 

Law Society President John Wotton said:

 

“Unlike pre-nuptial agreements for married couples, cohabitation agreements are recognised by the courts in England & Wales as being legally binding. It is not yet established that pre-nuptial agreements for married couples are binding in the courts.”

 

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