Oral question asked in the House of Lords, by Lord Marks of Henley-on-Thames (Liberal Democrat). It was answered on Tuesday, 6 September 2011.

Cohabiting: Law Commission Report

Question: My Lords, I thank the Minister for that Answer, although I confess it was disappointing. Does he nevertheless agree that it is unjust, as the slightly wider Bill of the noble Lord, Lord Lester, recognised some time ago, that cohabitants who separate, no matter how long they have lived together and even if they have children, cannot in England apply to the courts for financial relief to compensate for careers abandoned, time spent looking after children or contributions to their cohabitants’ success, and if so, is it not surely now time to implement the Law Commission’s sensible and limited scheme, which would not undermine marriage or civil partnership and which has been widely applauded by the judiciary and the family professions?

Answer: My Lords, first, I pay tribute to the Law Commission for its work, not just on this matter but in general. I am a very firm supporter of the Law Commission and the work it does, and I know that this House has played an important role in bringing Law Commission recommendations into law. However, the Government have decided not to implement the Law Commission’s scheme in this parliamentary term, because major changes to family legal aid are being implemented next year, and further reforms of the family justice system are also on the horizon following the final report of the family justice review, which will be published in October. We do not believe it would be sensible to seek to implement further changes in the law governing cohabiting couples during this period.

Secondary information

Type: Oral question
Reference: 730 c118
Session: 2010-12
Oral question type: 1st Supplementary
Chamber / Committee: House of Lords chamber
Subjects: Cohabitation Family law Law Commission Maintenance Reform Separation
Link: View this Oral question on www.publications.parliament.uk