Ground Breaking Divorce Ruling

Lords in favor of large payouts for wives

They could be ordered to sell their home, pay lump sums and share pensions in the event of a break-up under the radical reforms.

There are 2 million cohabiting couples – a figure expected to rise by 2031 to 3.8 million. Now 1.25 million children depend on cohabiting couples. The Law Commission of England and Wales said that, in some circumstances, these couples – whether opposite or same sex – should be able to make financial claims against each other.

It is not being proposed that cohabitants should have the same rights as married couples and that the regime that currently applies in divorce should be extended to cohabitants. Instead, the commission is proposing a “free-standing” regime that would be “wholly distinct” from the scheme available to divorcing spouses.

The new arrangements would apply to heterosexual and gay couples and the commission is inviting comment on whether they should have been together for a minimum period before qualifying.

A partner should generally be able to claim if he or she made “economic sacrifices”, such as giving up a career to care for children, and the benefits were shared unfairly at a split. Cohabiting couples would be free to have written agreements, which courts would have regard to – as with prenuptial agreements.

Reforms for unmarried couples would be “more limited in scope” than divorce laws, but the courts would be able to order the sale of property, pension sharing and monthly, lump sum or interim payments.

The commission stated that the measures would not damage the institution of marriage by encouraging couples to live together. Indeed, more people might marry because partners would no longer avoid financial responsibilities.

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