Cohabitation law reform is long overdue.

The current law relating to the

end of a relationship is confused, outdated and unfair. Discuss.

There is little doubt that cohabitation is a common choice among couples; changes in
social attitudes towards relationships have seen a decline in the importance of marriage.
Consequently the law has seen the need to respond to cohabitants. However, the law
has thus far stubbornly held on to the desire to treat cohabitants and married couples
differently. This is becoming a major problem, particularly in light of the increasing
number of couples who choose to cohabit. Reform is inevitable. This study will explore
which areas of the law are in dire need of reform and why. The overall issue will be
targeted, questioning why married couples should have certain automatic rights
whereas cohabitants should not. It is clear that cohabitants need to be given greater
legal recognition, perhaps even equal status as married couples. Is this possible? Could a
separate law be developed to deal with cohabitants? What is clear is that the UK needs
to loosen its hold on the traditional institution of marriage. How it will go about this,
however, is quite another issue.

Suggested Reading

 Barlow, A 2004. ‘Regulating Marriage and Cohabitation in 21st century Britain’,

Modern Law Review, vol. 67, no. 2.
 Diduck, A & Kaganas, F 2012. Family Law, Gender and the State: Text, Cases, and
Materials, 3rd edn, London: Hart.
 Hale, B & Pearl, D 2009. The Family, Law & Society: Cases and Materials, 6th edn,
New York: Oxford University Press.
 Smart, C & Stevens, P 2000. Cohabitation Breakdown, London: Joseph Rowntree
Foundation.