From the Guardian

New legal rights for unwed couples
Press Association
Wednesday May 31, 2006 2:13 PM

Unmarried couples could be ordered to sell their home, pay lump sums and share pensions in the event of a break-up, the Government's law reform advisers said.

The Law Commission said the two million Britons who "live in sin" should be able to make financial claims against each other in some circumstances.

A partner should generally be able to make a claim if they made "economic sacrifices" during the relationship such as giving up a career to raise children, and the benefits were unfairly shared at a split.

The Commission said the new set-up would apply to heterosexual and gay couples who had been together for a minimum period, but it did not set out what the minimum should be.

It also recommended allowing couples to opt out of being liable to the new rules providing they signed a written agreement.

The measures would be "more limited in scope" than divorce laws, but the courts would be able to order sale of property, lump sums, monthly payments, pension sharing and interim payments.

[snip]
"We think that a new scheme should only provide eligible applicants with a remedy on separation if they can show that the effects of the contributions and associated economic sacrifices they made during the relationship would otherwise be unfairly shared on separation," said the report.

"In many cases, neither party would be able to establish this and no claim would therefore be tenable."

The Commission headed by High Court judge Sir Roger Toulson insisted the measures would not damage the institution of marriage by encouraging couples to live together rather than take vows. They could actually encourage more people to wed because partners would no longer avoid financial responsibilities to lovers by living together instead of getting hitched, it suggested.

There's been a huge uproar about this from the likes of Melanie Phillips, and I have to say I have some sympathy with her views. (Did I really write that? Bloody hell, it looks like I really did. I'll be writing letters to the Daily Mail soon at this rate. Real ones instead of fake rants to see if they publish them). After all, it's pretty damn easy for cohabiting couples to get the same rights as married ones - get married.

But I also have sympathy with partners who split after ages cohabiting and come away with nothing. If there are children involved and one partner has given up their job to bring them up, then they should surely have a right to something?

It also formalises something that mostly would never be a formal arrangement, more something you fall into. I've lived with four blokes. In the first three cases I was young, and had no intention of settling down for life. As I was always the one with the money and the job, there's no way I'd risk letting some bloke get his hands on my dosh just because I'd spent time shacked up with him. I can imagine there's loads of people who will feel the same way. So I think an unexpected consequence of this legislation might be less cohabiting rather than more. That sounds a bit unromantic to me.