... the numbers of cohabitants is increasing, as the Law Commission acknowledges, this is not a sufficient reason in itself to justify a change in the law. Currently, childless cohabitants must have recourse to the general law of property and trusts, whilst cohabitants with children can utilise Schedule 1 of the Children Act 1989 in order to make a financial claim for the material products of the relationship. Academic commentators have noted that "the range of property law principles and approaches available produce an unnecessarily expensive and cumbersome process for the often distressed law client".3 The current law has been described as complex, uncertain and likely to give rise to unfair outcomes.4 It does not take adequate account of the economic consequences of contributions made by the parties, particularly non-financial contributions such as one partner giving up work to raise a child.5 Further, the Law Commission expressed dissatisfaction with the role ...

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