Cohabitation
and the law: an overview
There
is no uniform system regulating the legal consequences following
the breakdown of a relationship between unmarried parties, be
they heterosexual or gay relationships. The present state of
the law is unsatisfactory and in urgent need of codified reform.
THE
CURRENT remedies following the breakdown of a relationship fall
into the following categories:
Contract
•On
17 April 1999 The Times reported a case brought by a surveyor
who presented a bill to his former partner following the termination
of their three-year relationship. The claimant had kept a record
of each and every item of expenditure which he had laid out
during the relationship. Mr Parker's claim extended to £18,000,
stating the monies advanced were a loan. The court ordered that
Miss Holdsworth repay the sum of £10,000 to Mr Parker.
At the end of the case, Miss Holdsworth said 'my enduring concerns
will be for other single mothers and....relationships founded
upon mutual trust'.
With more and more people deciding to cohabit as opposed to
formalising their relationship by marriage, cohabitation agreements
are becoming more common. There is, however, no statute confirming
that co-habitation contracts are enforceable. However, provided
they are made at arms length, by parties of equal bargaining
power with full knowledge of all the relevant facts and having
taken independent legal advice, they are likely to be upheld.
There must be consideration for the agreement which is satisfied
if the agreement is in the form of a deed.
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on ....
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