The Cohabitation Hokey Cokey – If and when we are ‘in’, could we ‘opt-out’?

Beth Mason Knowledge Lawyer Penningtons Manches Cooper

If as they say they will the new Labour Government implements legislative reform relating to cohabiting couples a key consideration is likely to be the inclusion of an “opt out” clause. Opt out provisions feature in many (but not all) of the jurisdictions which already make legislative provision for cohabiting couples and leave the parties free to make their own arrangements for financial provision (or potentially for no provision at all) in the event of a breakdown of their relationship. In many jurisdictions certain formalities must be adhered to and often there is some requirement for “fairness” or “justice” within those privately agreed arrangements. This article considers the common threads of several existing regimes as well as the ways in which they differ and the issues that may arise and what could potentially be borrowed from the law in England and Wales relating to nuptial agreements. If/when the government considers reform in this area the need to balance respect for personal autonomy and the ability to opt out...