This report addresses the position (at the time of its writing) of opposite-sex couples living together on a domestic basis without a legal marriage. Since these partnerships carry many of the same responsibilities as marriage partnerships, the report suggests that they be afforded similar (but not identical) protections under the law. Twenty-one recommendations are provided here, with the majority opinions falling roughly into the following categories: – Non-married opposite-sex cohabitants should have an official status, but not one identical to marriage. This status should confer some right to support and maintenance. – Property rights should be based on the same constructive trust ideas present for all relationships (as the law then stood), but matrimonial property statutes should not be extended to cohabitants (with the exception of temporary possession of a dwelling place given to a partner caring for young children). – Allowance should be made in the law for domestic contracts (roughly equivalent to so-called “pre-nuptial agreements”) for cohabitants. – Cohabitants should be given a right to inherit in cases where their partner dies without a valid will (intestate succession). – Social allowances, such as welfare, should take into account the greater economic independence found among cohabitants, as compared to married couples. – A cohabitant should receive a death benefit (from insurance) even if their “common law spouse” had another, legal, spouse who lived separately.l – Finally, a cohabitant should be able to sue for damages under the Fatal Accidents Act.
Final Report
Back to Publication SearchTowards Reform of the Law Relating to Cohabitation Outside Marriage, Final Report 53
Resource Details
Publication No: | 53 |
FORMAT: | Publications |
TAGS: | child, cohabitation, exem, insurance, maintenance, pension, Property, succession |
FILE: | fr053.pdf |