Overview

The Cohabitation Rights Bill aims to provide legal protections for unmarried couples (cohabitants) in England and Wales, covering financial arrangements after separation and death, and insurance rights.

Description

This bill introduces a framework for cohabitants, defining them as two people living together as a couple, meeting specific conditions (e.g., shared parenthood, joint residence order, or three years of cohabitation). It excludes married or civil partnered couples and those within prohibited degrees of kinship (e.g., parent, sibling). The bill covers:

Financial Settlement Orders

For former cohabitants, the bill allows court applications for financial settlement orders within 24 months of separation (or with justification for later applications). Orders can address retained benefits (financial gains during the relationship) and economic disadvantages (financial losses after separation), considering factors like childcare responsibilities, income, and conduct. The court aims for a just and equitable sharing of any disadvantage.

Opt-out Agreements

Couples can opt out of these financial settlement orders with a legally binding agreement, requiring individual legal advice, a written agreement signed and witnessed. The court can overturn manifestly unfair opt-out agreements. Existing cohabitation agreements are also subject to court review.

Insurance and Death

The bill presumes an insurable interest in a cohabitant's life. Assurance policies taken out by one cohabitant for the benefit of the other or their children receive similar protections to those offered to married couples under existing legislation. The bill includes provisions for registering the death of a cohabitant and altering intestacy rules to provide for surviving cohabitants to inherit a portion of the deceased's estate, including rights over the home. The surviving cohabitant also gets certain rights in relation to inheritance and bereavement damages.

Government Spending

The bill's impact on government spending is not explicitly stated in the provided text. The cost will likely be associated with administering the new legal framework and handling related court cases.

Groups Affected

The bill significantly impacts:

• Unmarried couples: Provides financial and inheritance rights similar to married couples.
• Children of cohabitants: Enhanced protection in cases of separation or death of parents.
• Legal professionals: Increased workload related to drafting agreements and representing clients.
• Courts: Increased caseload from applications for financial settlement orders.

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