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Justice for the unmarried
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Justice for the unmarried

Whisper it quietly, though

“This consultation,” wrote David Lammy just over three weeks ago, “proposes some of the biggest reforms to family law in decades — bringing the law into the 21st century, helping families feel better off and increasing protections for millions.” Top marks if you already know what he’s talking about; family lawyers need not apply.

If you haven’t heard about the justice secretary’s consultation paper on cohabitation, don’t be too hard on yourself; his proposals were slipped out on a Friday afternoon with little fanfare. Because, perhaps, the government was nervous about being seen to undermine marriage? That was the first question I put to Professor Sharon Thompson (pictured) when I interviewed her yesterday for the latest episode of A Lawyer Talks.

As she explained, the consultation paper is not just about cohabitants; the government is also planning to put nuptial agreements on a statutory footing and to codify the law on financial remedies following marriage or civil partnership. Will we see legislation along these lines? Or should ministers take another look at the details?

Thompson is professor of law at the University of Cardiff and author of a well-timed new book called The Road to Equal Partnership: Reforming the Financial Consequences of Divorce, just published by Bristol University Press. As you can hear, she has some interesting views on the government’s plans.

My regular podcast interview, as always, is a bonus for paying subscribers to A Lawyer Writes. Everyone else can hear a short taster by clicking the ► symbol on the graphic at the top of this page.

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