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Families: Unmarried Couples

Answer

Cohabiting couples do have fewer legal rights than their married counterparts, but that is not to say that they have none. In relation to domestic violence, cohabiting couples have the same rights to protection as married couples. Financial disputes over maintenance payments for children are governed by the Child Support Agency and by legislation specifically designed to cater for their needs. Neither differentiates between cohabitants and married parents. The question of whether further legislation dealing specifically with cohabitants is required is a finely balanced one. It was precisely because of the Government's concern that cohabitants might be inadequately protected that the question of whether they should have specific rights was referred to the Law Commission. Following the Law Commission's report, the Government have decided to consider research on the impact of the Family Law (Scotland) Act 2006 which contains provisions that are similar in many respects to those which the Law Commission recommends before deciding whether to implement the Law Commission's proposals. In particular, the Government wish to consider the likely cost and benefit to this jurisdiction of bringing into effect the scheme proposed by the Law Commission, and to see how well the scheme meets the needs of vulnerable individuals. The Government have funded the ““Living Together”” campaign to raise public awareness about the legal status of cohabitation. It aims to make people more aware of the differences in the rights and responsibilities applying to married and unmarried relationships, and to provide cohabitants with practical advice on how they can protect themselves and their families, should they wish to do so. Pending the outcome of research, the Government will continue to support this campaign.

Secondary information

Type

Written question

Reference

2414; 700 c58-9WA

Session

2007-08

Subjects

Cohabitation Family law Separation

Link

View this Written question on www.publications.parliament.uk