Lammy’s cohabitation rules threaten unmarried couples with ‘horrendous’ court costs

Former justice secretary David Lammy has proposed extending court-enforced rights to unmarried couples who cohabit for three years or longer, in a move that has faced criticism from senior legal figures. The government is currently seeking public input on the reforms, which would provide courts with the power to divide assets in cases where unmarried couples break up after three years of cohabitation or one partner becomes pregnant.

However, Baroness Ruth Deech, a crossbench peer and former law lecturer, has argued that there is no clear public mandate for the proposed reform and that it would upend the concept of consent. She warned that the reforms could result in horrendous court costs for those who are forced into the legal system against their will. Deech suggested that the government should either do nothing or introduce a system where at least one partner can opt out without the other's consent.

According to a new poll by Survation, 72% of adults are unaware of the reforms, and only 37% support them. Judge Edward Hess, deputy national lead judge of the Financial Remedies Court, has also criticized the proposals, saying the government has provided a "superficial and unsatisfactory analysis" of how the reforms will impact the already backlogged UK court system.