The Government has announced plans which will radically affect the law relating to marriage breakdown and child support.

The first change is the proposal to abolish the Child Support Agency (CSA). It is to be replaced by a simpler system, which will deal mainly with complex cases and cases in which obtaining payment of support is more than usually difficult. ‘Average’ cases will be expected to be arranged by agreement, using guidelines yet to be published.

The CSA has been subject to an unending tide of criticism throughout its existence, so its demise will hardly be met with sadness. However, there are worries that the new proposals (which will include sending debt collectors after unwilling payers) will leave some of the most vulnerable parents insufficiently protected.

Another move is the launch of a consultative report on proposals aimed at giving unmarried couples legal rights on the break-up of their relationships. At present, couples who are unmarried or who are not civil partners have rights and obligations as regards children, but few rights as regards the assets of the relationship. With over 2 million people living in non-formalised relationships, the lack of any rules regarding the division of assets should these couples break up has caused innumerable problems.

The new scheme is intended to apply to both heterosexual and same-sex couples. It is stressed that it will not be the same as divorce, but will include, for example, provision for claims by partners who make ‘economic sacrifices’.

The consultation period ends in September, so any legislation is unlikely before 2007 at the earliest. Cohabiting couples who are potentially affected by such considerations could consider making a ‘cohabitation agreement’. Contact Helen Hope for advice.