Key facts
- Justice Secretary Alex Norris is consulting on reforms to give unmarried couples legal rights after three years of cohabitation.
- The proposals would allow courts to divide assets, similar to divorce proceedings, if couples break up.
- Baroness Ruth Deech argues the reforms lack consent and could lead to 'horrendous' legal costs.
- A poll shows low public awareness and support for the proposed changes.
- Critics estimate the reforms could add 10,000 cases annually to the UK's already backlogged court system.
Justice Secretary Alex Norris is facing significant criticism from legal figures regarding proposed reforms that would grant unmarried couples court-enforced rights after three years of cohabitation. The proposals, inherited from predecessor David Lammy, would empower courts to divide assets in cases of separation, mirroring the process for married couples divorcing.
Baroness Ruth Deech, a crossbench peer, has voiced strong opposition, arguing that the reforms lack a clear public mandate and could impose legal status on individuals without their explicit consent. She warned that if one partner wishes to opt out and the other does not, the unwilling partner could be 'held to ransom.' Deech also highlighted the potential for 'horrendous' litigation costs, which could consume a substantial portion of the assets in dispute.
Recent polling by Survation indicates low public awareness of the proposed changes, with 72% of adults knowing little or nothing about them, and only 37% expressing support. Critics also point to the potential strain on the UK's court system, which is already grappling with a substantial backlog of cases. Judge Edward Hess noted that the government's analysis of the reforms' impact on the courts is 'superficial and unsatisfactory,' urging a reconsideration of the consequential costs.
Deech suggested that the government should either maintain the status quo, citing existing legal frameworks, or implement a system where opting out does not require mutual consent. She also noted the significant legislative effort required to pass such a bill through Parliament.