ABSTRACT

Unfortunately, there is very little else apart from this small portfolio of remedies which is available to unmarried parties when a relationship breaks down. However, two other useful possibilities should be stressed:

● a Children Act capital order (i.e. for transfer of property), which may be obtained under the CA 1989 to enable an unmarried carer parent to secure the occupation of the former cohabitants’ home for that parent and the child or children (although this is normally only until the child or youngest child attains majority: see T v S (1994), 2 thus normally leaving the carer parent without a home in middle age; and

● the Law Reform (Succession) Act 1995 , which has improved the rights of cohabitants on the death of their partners.