Overview

This bill aims to provide legal protections for cohabiting couples in England and Wales, covering financial arrangements upon separation and death, and insurance rights. It grants rights similar to those of married couples in certain situations, but allows for opt-out agreements.

Description

The bill defines "cohabitant" as two people living together as a couple, meeting specific conditions (such as having a child together or cohabiting for at least three years). It introduces "financial settlement orders" allowing former cohabitants to apply to court for financial redress within 24 months of separation, considering factors like contributions and economic disadvantage. The court can order lump sum payments, property transfers, or pension sharing. Couples can opt out of these orders via a legally binding agreement requiring independent legal advice. The bill also extends inheritance rights to cohabitants upon the death of a partner, providing similar rights to spouses in intestacy and allowing for applications for financial provision from the deceased's estate.

Key Aspects:

• Defines cohabitation and former cohabitation.
• Establishes financial settlement orders for separation.
• Allows for opt-out agreements.
• Grants inheritance rights similar to married couples.
• Addresses insurance rights for cohabitants.

Government Spending

The bill doesn't directly specify government spending figures. However, the increased workload on the courts processing financial settlement orders and related legal disputes may lead to increased costs for the government.

Groups Affected

• Cohabiting couples: Gain legal protections regarding finances upon separation and death.
• Former cohabiting couples: May be able to seek financial settlements through the courts.
• Children of cohabiting couples: Their welfare is a primary consideration in financial settlement orders.
• Solicitors and barristers: Increased demand for legal services related to cohabitation agreements and court applications.
• Courts: Increased caseload and administrative burden.

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