Overview

This bill aims to provide legal protections for cohabiting couples in England and Wales, addressing financial matters upon separation or death of a partner. It grants rights similar to those of married couples regarding financial settlements, inheritance, and insurance.

Description

Financial Settlements

The bill allows former cohabitants to apply to the court for a financial settlement order within 24 months of separation (or with exceptional circumstances). The court considers various factors, including contributions made by each party, financial needs, and the welfare of any children, to determine a just and equitable outcome. Couples can opt out of these provisions through a legally binding agreement.

Inheritance

The bill amends existing laws concerning intestacy (dying without a will), giving cohabitants similar inheritance rights as spouses or civil partners. It also grants cohabitants the right to apply to the court for financial provision from the deceased's estate.

Insurance

The bill clarifies insurable interest for cohabitants, allowing one partner to insure the life of the other. It also extends the protection offered under the Married Women's Property Act 1882 to cohabiting couples.

Death Registration

The bill requires cohabitants to provide information about their deceased partner's death during registration.

Government Spending

The bill's impact on government spending is not explicitly stated in the text but is likely to increase slightly due to potential court cases and administrative costs related to the new legal provisions.

Groups Affected

The bill primarily affects:

• Cohabiting couples: Provides rights regarding financial settlements upon separation and inheritance upon death.
• Children of cohabiting couples: Their welfare is a key factor in financial settlement orders.
• Courts: Increased workload due to new applications for financial settlement orders and related cases.
• Legal professionals: Increased demand for legal advice relating to cohabitation agreements and court proceedings.

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