Curran -v- Collins – Judge Calls for Reform of Outdated Cohabitation Laws
Pamela and Mr Collins had worked together in the family kennels and cattery business operated from the family home. However, the family home was bought in the sole name of Mr Collins. This put Miss Curran in the position of having to trust her then partner to give her a fair share if they to split or face difficult and costly proceedings to establish an interest in the property.
Rights for cohabitants are very limited indeed (unlike those who have married) when they split up. Unlike in divorce there is no automatic right to make a claim against assets held in the sole name of their former partner. Due to this difficult position cohabiting couples are left dependent upon property and trusts law when their relationships break down which is notoriously difficult and costly to pursue successfully.
The rights for divorcing couples are a stark contrast to those of cohabitating couples. Divorcing couples are able to much more easily make claims against all assets including; businesses, pensions, savings and properties. Furthermore, divorcing couples are able to claim for maintenance payments in their personal capacity with cohabiting couple only being able to claim maintenance for the benefit of their children. When the children are grown up if parties are not married it is not possible to pursue a maintenance claim through the Courts.
Therefore, the judge had no other option but to ignore his “human sympathies” with Miss Curran’s position and “apply the law” as he saw it. Although there has been much talk of modernising cohabitation law to make it compatible with society today, it seems unlikely that changes will be brought about soon given recent government announcements that no major amendments to the law are planned in the foreseeable future. Meanwhile, this leaves the unfortunate position for people like Miss Curran who is left feeling a victim of laws which arguably ought to be updated to give those in her position greater protection.
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Family Law
PLancaster@LawBlacks.com
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Paul Lancaster
