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Cohabitation: why legislative reform is necessary

An article in the October issue of Family Law (07) written by Stuart Bridge discusses 'Cohabitation: The Finacial Consequences of Relationship Breakdown.'



The report reccommends 'financial relief on separation.' This means that certain cohabiting couples who separate are given monetary assistance.



This scheme would only apply to those cohabitants who have had children together, or who have lived together for a specified minimum duration (suggested between 2 and 5 years.)



The scheme would enable the courts to address, more effectively than they currently can, the economic consequences of certain contributions made by the cohabitants during their relationship. It would be wholly distinct from the regime which applies between spouses (and civil partners) in the event of divorce.



It would be open to cohabiting couples, subject to necessary protections, to opt out of the operation of the scheme by written agreement, and to make their own financial arrangements which would be enforceable should they separate.

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