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Cohabiting couples face long wait for legal protection, MPs warn  

A cross-party group of MPs has warned that cohabiting couples may have to wait several years for legal reforms to better protect their rights. The MPs have urged the government to reconsider its timetable and expedite the process. 

Current Legal Protections for Cohabiting Couples 

Unlike married couples, cohabitants have very few legal protections if their relationship breaks down. This lack of protection can lead to significant hardship, including instances where individuals are forced to leave homes they helped pay for and lived in for many years. Cohabitants have no automatic right to financial support from their partner, which can leave some facing severe hardship. 

Call for Legal Reforms 

Lawyers have been advocating for change for several years, but the government has been slow to act. Recently, during a session with the Commons Women and Equalities Select Committee, the government indicated that it must complete its work on marriage and divorce law before considering changes to the legal rights of cohabitants. The focus is currently on reviewing the law of financial provision in divorce cases. 

Concerns from MPs 

Committee chair Caroline Nokes, in a letter to Justice Minister Lord Bellamy, highlighted that the Law Commission plans to publish a scoping paper in September 2024, preceding a comprehensive review. She expressed concern that any agreed changes could take many years to come into effect, potentially prolonging the wait for cohabitants. Nokes emphasized that there is no valid reason why the government couldn’t pursue a “separate, bespoke regime for cohabitants now” while reviewing divorce and weddings law. 

Government Response 

A government spokesperson reiterated that marriage holds an important place in society and that associated laws are currently under review before considering changes for cohabiting partners. In the meantime, cohabiting couples are advised to consider “other legal options,” such as living together agreements, which outline what should happen to a couple’s assets if the relationship breaks down. Thousands of cohabiting couples have drawn up such agreements for added security.

For more information or advice on family law matters, readers are encouraged to contact the legal team at southgate solicitors at 02080040065 or [email protected]. It’s important to note that the content of this article is general information and not legal advice, and readers should seek independent expert advice for their specific situations. Our experienced team at southgate solicitors is here to provide expert guidance and support. 

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