The government's consultation on cohabitation rights, launched on 5 June, proposes that couples living together for three years or having a child together would automatically acquire marriage-like legal obligations. Justice Secretary David Lammy's plan would allow courts to make financial orders on property, assets, and pensions upon separation, and extend inheritance rights upon death. However, critics argue this undermines personal choice and could harm women who have chosen financial independence.
Proposals and Concerns
Under the proposals, cohabiting partners could face court decisions on property transfers, lump-sum payments, and maintenance in exceptional circumstances. The Ministry of Justice claims this protects vulnerable women, but Ruth Deech, a cross-bench peer, warns that many cohabiting couples have modest assets that could be consumed by legal costs. The plans also include automatic inheritance rights, potentially overriding the deceased's wishes if they deliberately avoided marriage.
Impact on Financially Independent Women
Deech highlights that millions of divorced or widowed women who have built financial independence through settlements or inheritance may be forced into unwanted legal obligations. A coercive partner could refuse to opt out, leaving women with a choice between accepting the scheme or ending the relationship. These women's voices are absent from the debate, but they must be considered.
Legal and Human Rights Issues
The consultation proposes intrusive criteria for courts to assess relationships, including stability, finances, and sexual relationships. This could create complex legal disputes. Article 8 of the European Convention on Human Rights protects the right to private and family life, including the freedom to choose relationship forms and legal obligations. The plans may violate this right.
Legislative Push
Jonathan Marks has reintroduced a cohabitation rights bill in the House of Lords, mirroring the government's proposals. It receives its second reading on 17 July. Critics question the necessity of this legislation, as cohabiting couples already have options like cohabitation agreements, wills, and pension nominations. The Children Act 1989 also provides for child maintenance.
Call for Opt-In System
Deech argues for strengthening existing protections rather than auto-enrolling millions into a new legal framework. She encourages engagement with the public consultation before it closes on 14 August, and points to opt-in alternatives at yourrelationshipyourchoice.org.uk. In a free society, relationships should be based on choice and consent, and the law must respect that.
