The Supreme Court decision this week in the case of Kernott and Jones is interesting because in making judgment both Lord Collins and Lord Wilson were critical of the continuing failure of parliament to legislate on cohabitation.

Resolution is calling for new laws for couples who have lived together for a period exceeding five years or for cohabiting couples with children, the law would offer protection regardless of how long they have lived together. These couples would have an automatic right to apply for certain financial orders if they separate.

At the current time if you are not married then there may still be an ability to deal with financial issues after your separation because, for example, you have a property which you own jointly with your partner or a property in which you have an interest by virtue of contributions made during the relationship.

If you cannot establish any interest in the property, but you have children, then you may be able to apply on the children's behalf for a share of the property. This application can be made under the Children Act 1989.

If this situation applies to you or you would like to speak to a solicitor about
this subject then please call us on 0151 236 1234 or enter your details on our
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