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Cohabitation

In 2006 the Law Commission were asked by the Government to review the law surrounding the financial consequence of the separation of cohabiting couples. In May 2006 the Law Commission published a consultation paper which was primarily concerned with addressing, in appropriate circumstances, the financial consequence of cohabiting couples separating. It also deals, to a lesser extent, with provision on death. The Mission & Public Affairs Council response can be found here.

In February 2004 the General Synod of the Church of England debated a motion from the York Diocesan Synod on the issue of cohabitation more generally and the possible introduction of new legal forms of contractual relationship. A substantial amendment of the York motion was successfully moved by the Bishop of Southwark on behalf of our Mission & Public Affairs Council. After debate the Synod approved by 248 votes to 27 a motion in the following terms:

'That this Synod:

  1. strongly reaffirm that marriage is central to the stability and health of human society and warrants a unique place in the law of this country;
  2. recognises that there are issues of hardship and vulnerability for people whose relationships are not based on marriage which need to be addressed by the creation of new legal rights; and
  3. ask the Mission & Public Affairs Council to monitor future developments on these issues and report as necessary to Synod.'

A comment by the Mission & Public Affairs Council (GS Misc 729B) was prepared by the Council in connection with the York Diocesan Synod motion on contractual relationships. This paper briefly outlines church motions on cohabitation, the present social and legal situation, Government proposals and addresses some legal problems with widening the concept of contractual relationships.