Andy Burnham will walk into No 10 on 20 July to a bulging in-tray of policies, proposals – and problems. One he may be less aware of is a ticking political timebomb launched by David Lammy in his role as justice secretary, which could affect millions of people who have chosen not to marry.

Under Lammy’s proposal, couples who have lived together for three years, or who have a child together, would automatically acquire marriage-like legal obligations they never agreed to, meaning either partner could ask a court to make financial orders if the relationship ends.

I have opposed automatic cohabitation rights since 1980, written extensively on the subject, and the last time parliament considered similar proposals in 2021, I submitted written evidence to the women and equalities committee.

This time, the proposal is part of a government consultation that launched on 5 June – and that also includes reforms to make financial arrangements after divorce and civil partnership dissolution more straightforward and less reliant on court proceedings. That’s fair enough. But the proposals on cohabitation go much further, raising profound questions about choice, consent and fairness.

While the Ministry of Justice argues that cohabitation rights would not become equivalent to marriage, ministers are simultaneously proposing giving judges many of the same powers available in divorce proceedings, including deciding how properties, assets and pensions are shared, and whether lump-sum or maintenance payments should be made.

And the proposals extend beyond separation into death,........

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