Live in Couples

Could be granted marriage rights

The Law Commission has published a consultation document canvassing recommendations to give live-in couples the right to claim maintenance and a share of each other's wealth after a break-up.

The proposals, in the form of a 370-page paper published by the body which advises the Government on law reform, apply equally to gay and heterosexual couples.

This could lead to the proposal for divorce-style payments when cohabiting couples split up after a defined period of time, particularly when children are involved.

Church and women's groups are among those who will be asked for their input before a Bill is drafted to go before parliament next summer.

The proposals could level the playing field for Britain's two million co-habiting couples, easing the financial hardship suffered after separation or death.

Under present law, married couples and homosexual couples who have “married” under the Civil Partnership Act are granted protection which is not available to the unwed. Commonly held beliefs over the rights of so-called "common law" marriages are without legal basis.

The 2001 Census showed that the number of households which are home to married couples fell by 10 per cent in a decade, from 55 per cent of all homes to 45 per cent.

The report comes only days after the House of Lords held that divorced women were entitled to a larger share of their former husbands’ wealth.

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