By Neville Ackerley - 31st October 2006
New laws proposed by the family justice minister could see unmarried couples who separate acquire the same financial rights as those who are married.
Harriet Harman told the Guardian newspaper on Monday that such reforms will come in a family justice bill, which won't be in the Queen's speech but will be introduced "soon".
The bill, expected as early as next year, will also open up family courts to the media, subject to strict rules about anonymity.
The plans would mean that unwed people living together should be able to claim lump sums, a share of property, maintenance payments or a share of their partner's pension when they split up.
Such claims would be subject to proof of significant financial disadvantage from the relationship, or similar unfair advantage to one partner.
People with children will be more likely to qualify, although it is thought the government is not in favour of excluding the childless, or restricting rights to fixed terms of cohabitation.
"There is evidently a problem where a couple have lived together a long time, brought up children together, she's stayed at home so he could go out to work and pay the mortgage, and she discovers at the end of the relationship that she's left without a roof over her head," said Harman.
Two million couples currently live together outside marriage, and research has shown that many wrongly believe they are 'common law' spouses and share the same rights as a married person.
Many contribute to the deposit or mortgage payments on property in their partner's name, or give up work to care for the children.
The proposals follow the preliminary findings of the Law Commission, which is set to publish final recommendations next summer.
One of the issues the commission is seeking views on is whether the new rights should be subject to a period of cohabitation, such as two years, as happens in some countries.
Scotland introduced a law last May to allow cohabitees to make limited claims against each other.
Dods Parliamentary Communications Ltd