Cohabitation Law Reform and Gender Equality

This event is for Durham University staff & students only

Abstract →  

The Law around cohabitation in England & Wales has drawn great attention in the previous years as the number of cohabitants increase. Importantly, English law does not treat cohabitants differently from spouses and civil partners while the relationship lasts. It’s only at the end of a relationship that there is a difference. Indeed, statutory safeguards concerning the redistribution of family property upon divorce or intestacy and inheritance tax distinctions do not apply to cohabitants.

Cohabitation law reformers are concerned about cohabitating relationships where one party is in a financially weaker position (usually the woman), who may emerge at the end of a relationship with little or no property. Hence, we are not talking about all cohabitants but only those who are economically vulnerable. Reformers want to introduce legislation to give these cohabitants a claim on their partner’s property on the breakdown of a relationship and on intestacy.

Professor Auchmuty argues that cohabitants have sufficient rights under existing law. Hence, she claims that rather than relying on a family-law style form of ‘protection’, we should be working towards reducing women’s economic vulnerability generally. This includes campaigning for equal pay, proper childcare provision, etc and empowering them to use their existing legal rights.

This event will centre around legal intervention, and Professor Auchmuty will present both sides including those of reformers such as Anne Barlow. Consequently, we will see a dichotomous perspective of the feminist approach that informs how the law around cohabitation should be reformed.

The event will run from 16.00 to 17.30, with networking and drinks afterwards. Please see below for more information on registration.

We look forward to welcoming you!

Durham Law EDI Community and Durham Law Society