Overview

This bill aims to provide legal protections for unmarried couples (cohabitants) in England and Wales, covering financial arrangements upon separation and the distribution of assets after the death of a partner. It introduces financial settlement orders similar to those available to married couples and clarifies inheritance rights for cohabitants.

Description

Defining Cohabitants

The bill defines "cohabitants" as two people (of any sex) living together as a couple who meet certain conditions, such as being parents of the same child, having a joint residence order, or having lived together continuously for two years or more (excluding breaks of up to six months). Close family relationships are excluded.

Financial Settlement Orders

The bill allows former cohabitants to apply to the court for a financial settlement order within 24 months of separation (or with justification for a later application). The court considers factors like each party's financial resources, needs, contributions to the relationship, and conduct. Orders can include lump sum payments, property transfers, or pension sharing.

Opt-Out Agreements

Couples can opt out of financial settlement orders through a legally binding agreement, requiring written confirmation and independent legal advice for both parties. The court can, however, overturn such agreements if they are considered manifestly unfair.

Inheritance Rights

The bill grants cohabitants certain inheritance rights similar to those of spouses. This includes providing them with a degree of legal protection concerning the deceased's estate, similar to that received by married partners or those in civil partnerships.

Insurance and Death Registration

The bill establishes a presumption of insurable interest between cohabitants, simplifying insurance procedures. It also requires a cohabitant to provide information regarding the death of their partner for registration purposes.

Government Spending

The bill's financial impact on government spending is not explicitly stated in the provided text. It is likely to lead to increased court workload, and a modest increase in legal aid spending. However, precise figures are not available.

Groups Affected

The bill primarily affects:

• Unmarried couples (cohabitants): Provides new rights and responsibilities regarding finances upon separation and inheritance.
• Children of cohabitants: Their welfare is a primary consideration in financial settlement orders.
• Solicitors and barristers: Increased demand for legal advice regarding cohabitation agreements and court applications.
• Courts: Increased workload processing financial settlement orders and related applications.

Powered by nyModel