Government says no to marriage lite
The issue
The Government has experienced a change of heart in respect of the widely anticipated changes to the law governing unmarried co-habiting couples in England and Wales. Proposals to give such couples similar rights and remedies to married couples have been put on hold.
The implications
Last Summer, the Law Commission published detailed proposals on how the law should change. Its report followed growing demands for the current uncertain and incoherent law on cohabitation to be reformed.
However, Bridget Prentice of the Ministry of Justice has now announced that “for the time being, the Government will take no further action”.
She went on to say that “the decision has been reached because of the need for the Government to obtain accurate estimates of the financial impact of any new legislation and the likelihood that we can obtain a view of the financial impact by drawing on the Scottish experience of similar law reform”.
Her statement was seen as a victory for those who seek to preserve the special status of marriage but led to widespread criticism from pressure groups that have long pushed for legal rights and responsibilities for couples who live together.
Stuart Bridge, who was behind the Law Commission’s report, said, “The existing law is uncertain and expensive to apply and, because it was not designed for cohabitants, often gives rise to results that are unjust.” He went on to welcome the Government’s view that the report was “very thorough and of very high quality” and said that he “looked forward to receiving the Government’s final response”.
The consequences
The concern is that the Government has given no indication as to when any change might take place. We can only speculate as to why the Government has, for now at least, shelved the plans and whether “marriage lite” will ever see the light of day again. What we do know is that, for the foreseeable future, cohabitation will continue to remain a social reality but a legal minefield.
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For more information please contact Alan Kaufman or Lois Langton.