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Guest Contribution: Hayward on Cohabitation in England Wales-Learning from Ireland?

November 5, 2009 Leave a comment

unhappy%20coupleWe are delighted to feature this guest contribution from Andrew Hayward of Durham University Law School. You can find out more about Andrew on the Guest Contributors page. Unfortunately we do not have a photograph of Andrew but he has supplied us with the photograph on the left of an unhappy–presumably cohabiting–couple.

For family lawyers in England and Wales, cohabitation has long been the hot topic for debate. Various reform proposals have been produced here that, if implemented, could have provided some amelioration to the current legal provision offered to cohabitants on relationship breakdown. Optimists were hoping that the proposals in the Law Commission’s Report Cohabitation: Financial Consequences of Relationship Breakdown in 2007 would have been introduced to remedy the current unsatisfactory position by providing qualifying cohabitants an array of remedies on the breakdown of their relationship. No draft bill was inserted and due to the politically contentious nature of the provisions it was unsurprising that the Government chose to await findings from a similar scheme in Scotland by way of the Family Law (Scotland) Act 2006 (see the ministerial statement here). Since then two Private Members bills have been introduced, both with unlikely chances of success. So after reading the thought provoking posts from Fiona and Mairead on the cohabitation aspects of the Irish Civil Partnership Bill 2009, it appears that, yet again, England and Wales will be lagging behind. Read more…