Law Commission Essay Example | Topics and Well Written Essays - 2250 words

Law Commission - Essay Example It may be stated that while legal entitlement may not be as clear cut in a cohabitation agreement as they are in a marital relationship, many of the same issues occur in both types of relationships. Since it is largely women who are the primary caretakers and providers of non financial components of a partnership, their interests cannot be ignored. Unless some of the marital provisions on divorce and inheritance of property are also enforced in cohabitation relationships, inequity will be generated, because such a relationship will provide further incentive for economically stronger cohabiting partners to derive the benefits of support from their partner without making financial provision as would be legally required in a marriage, thereby providing an undue advantage to one party at the expense of the other. Therefore in conclusion, the Law Commission’s proposal to introduce a fresh scheme for financial relief for cohabitees is to be welcomed, however care must be taken to ensure that the rights of the weaker partners are preserved in allocating financial relief on disposition of property. Moreover, couples without children must also be included within the scope of relief to be provided under the new schemes for cohabitees.