Overview

This Bill aims to provide legal protections for cohabiting couples in England and Wales, addressing their financial rights and responsibilities both during and after the relationship, and in the event of death.

Description

The Bill defines a "cohabitant" as two people living together as a couple, meeting certain conditions such as having a child together or cohabiting for three years or more. It grants former cohabitants the right to apply to court for a financial settlement order within 24 months of separation, or with justification for a later application. The court can make orders for lump sum payments, property transfers, or pension sharing, based on factors such as contributions to the relationship and financial needs. The Bill also allows for "opt-out agreements," where couples can waive their rights to a financial settlement order, but with strict requirements for legal advice and written agreement. Further, the Bill addresses insurance, death registration, and inheritance rights, granting cohabitants rights similar to married couples regarding intestacy and financial provisions from a deceased's estate. The Bill amends existing legislation like the Administration of Estates Act 1925, the Intestates’ Estates Act 1952, the Inheritance (Provision for Family and Dependants) Act 1975 and the Fatal Accidents Act 1976 to include cohabitants in the relevant provisions.

Government Spending

The Bill does not provide figures on the effect on UK government spending, but it is likely to involve some administrative costs associated with the new legal framework and potential court cases. The long-term fiscal impact is unknown.

Groups Affected

• Cohabiting couples: Gain legal rights regarding finances and inheritance, potentially affecting financial stability and asset distribution upon separation or death.
• Former cohabiting couples: Gain legal avenues to resolve financial disputes after separation, potentially influencing financial outcomes.
• Children of cohabiting couples: The Bill prioritizes their welfare in financial settlement orders, potentially improving their security.
• Legal professionals: Increased demand for legal advice regarding cohabitation agreements and court proceedings.
• Courts: Increased caseload relating to financial settlement orders and related matters.

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