Unmarried couples should have rights, says top judge

England's most senior family judge, Sir Nicholas Wall, has called for unmarried couples in long-term relationships to be entitled to a share of property and money if they break up.

Wall's intervention will put unwelcome pressure on the Conservative Party to strengthen the rights of unmarried couples - and critics will say a change in the law would be at the expense of the institution of marriage.

Wall, the president of the Family Division, told the Times: "I am in favour of cohabitees having rights because of the injustice of the present situation.

"Women cohabitees, in particular, are severely disadvantaged by being unable to claim maintenance and having their property rights determined by the conventional laws of trusts."

Currently there is no law specifying how property and money built up during a long-term unmarried relationship should be divided if the couple breaks up. Women, who may give up work to look after any children, can face financial hardship if their partner is unsympathetic during a split.

Wall's view is very much in the mainstream of legal thought in England and Wales. Back in 2007, the Law Commission recommended giving rights to cohabiting couples. The Labour government, keen not to be seen as anti-family, did nothing.

However, even if the law was changed, judges could use their discretion - as they currently can in cases involving married couples - to ensure gold diggers of either sex walked away from a relationship empty-handed.

"If cohabitation has been short and the contribution minimal, judges would not be sympathetic to a claim," said Wall.

Clearly sensitive to charges his plans would undermine marriage, Wall, who has a wife and four children, was keen to emphasise his own belief that the traditional family set-up is "the most stable relationship for bringing up children".

The current government is no less sensitive on the subject of marriage. The issue is particularly tricky for the Conservatives, who have been trying to placate their core members by introducing a married couples' tax allowance in the face of opposition from their Liberal Democrat coalition partners.

At the same time, the Tories do not want to be seen as too old-fashioned. It is worth noting that nowhere in the Conservative's family policy is the word 'marriage' mentioned. ·