Explain the legal position of cohabitees whose relationship breaks Essay

Explain the legal position of cohabitees whose relationship breaks down. Consider whether the law (statutory or otherwise) provi - Essay Example that partner is not entitled to any equity in the home.4 Neither partner is entitled to alimony, either.5 Moreover, the children who are born during the partnership are not automatically considered to be the children of the man in the relationship – other steps must be taken to establish paternity, and couples often do not take these extra steps, so the man has neither the rights nor the responsibilities regarding these children.6 This essay will examine the issues surrounding people who cohabit, as well as the specific cases regarding cohabitation, and will attempt to make recommendations that would help couples be better protected under the UK law. Issues Surrounding Cohabitation One of the major issues surrounding cohabitants is the way that they run their finances.7 Specifically, the rule in the UK about cohabitants is that there is an assumption in the UK law that the partners in the cohabiting relationship are bound to one another to support one another financially.8 Thi s is played out in the context of benefit entitlement – the law in the UK states that two people who are married or co-habiting cannot make individual claims for benefits.9 One of the people in the relationship must make the claim for both people in the relationship, as well as any children who are a part of the relationship.10 The UK law then looks at the joint income of the household, and if the joint income of the household is above a certain threshold, then the people in the household are not entitled to certain benefits.11 The issue with this is that the unmarried cohabiting couple are not obligated to support one another, yet the law treats them as if they are.12 This has implications especially for the female non-working partner. The status for women, with regards to state support, previously was that she could have a valid claim for benefits if she were in an unmarried relationship with a man, but this changed with the Supplementary Benefit Act 1966.13 The Supplementa ry Benefit Act 1966 states that unmarried persons must apply for benefits jointly if they are cohabiting.14 The reason that the law treats the two people in a cohabiting relationship as if they are married is that social policy is geared towards encouraging marriage and discouraging cohabiting relationships.15 In other words, it was in the best interest of the UK government to encourage marriage by not treating cohabitants differently than married couples. This is because, if the UK government chooses to treat cohabitants more favorably than married couples, by giving each partner separate benefits, then this would discourage the couples from marrying. The upshot of this cohabitation rule, is that the non-working partner loses his or her lone parent status, and the benefits that are associated with this status.16 The non-working partner, therefore loses the ability to have their own money, if they are staying home and taking care of the children, and they are forced to rely upon som etimes