Cohabiting couples should have similar legal rights to those who are married, according to the Law Commission, which has just published a report on this issue following a consultation.

This is good news for most cohabiting couples as it will clarify certain of their rights without their intentions having to be set down in writing.

According to the Law Commission the current law is unjust. The Commission emphasises that the inadequacy of the current law extends to the treatment of children and stresses how the result of a breakdown is often hardship for many cohabitants and, as a consequence, for their children.

Many cohabiting couples believe wrongly that they have rights based on the myth of ‘common law marriage’ but, in reality, they have very little protection under the law. In the Commission’s view, the law in this area is uncertain and complex. If its recommendations become law, couples will have a clearer basis for claims following the breakdown of a relationship.

For example, if a partner has given up a career to care for children and thus reduced his or her earning ability, they will be able to be compensated for their sacrifices. At present, if someone has lived in a house owned by their partner and has made no contribution towards the running costs, he or she would probably have no right to anything at all.

The proposals would apply to couples with children or to those who have cohabited for a minimum period - probably more than two years - and settlements would be based on the contribution each partner has made.

In broad terms, states the Commission, the scheme would try to make sure that the pluses and minuses of the relationship were shared fairly between the couple. The person seeking a financial settlement would have to show that their ex-partner obtained a benefit or that they themselves had a continuing economic disadvantage as a result of contributions they made to the relationship.

The Government will now consider the Law Commission’s recommendations, but it is unlikely that new legislation will be enacted for at least another year. As the law stands at present it is sensible for cohabiting couples to give careful thought to the division of their assets should the relationship come to an end. In particular, they are well advised to have their intentions regarding beneficial ownership of any property they buy properly recorded and evidenced.

For further information on family issues and all other legal matters contact either Helen Hope, an experienced member of the Solicitors Family Law Association and partner at Motley & Hope Solicitors in Biggleswade, or Robin Francis. Contact Helen or Robin on 01767 600600 or e-mail helenhope@motleyandhope.co.uk or robinfrancis@motley&hope.co.uk.