Cohabitation Rights Bill [HL]
Official Summary
A Bill to provide certain protections for persons who live together as a couple or have lived together as a couple as cohabitants; to make provision about the property of deceased persons who are survived by a cohabitant; and for connected purposes
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Overview
This bill aims to provide legal protections for cohabiting couples in England and Wales, addressing their financial rights and responsibilities upon separation or the death of a partner. It introduces a framework for financial settlement orders, inheritance rights, and insurance provisions specifically for cohabitants.
Description
The bill defines "cohabitant" as two people living together as a couple who meet certain conditions (e.g., being parents of a child, or living together for at least three years). It excludes married or civil partnered couples and those within prohibited degrees of kinship. "Former cohabitants" are those who have ceased living together but might still share accommodation. The bill introduces:
Financial Settlement Orders:
Allows former cohabitants to apply to court for a financial settlement order within 24 months of separation (or with exceptional circumstances), aiming to achieve a just and equitable distribution of assets and address economic disadvantages caused by qualifying contributions during the relationship.
Opt-out Agreements:
Allows couples to opt out of the financial settlement order provisions, provided they obtain independent legal advice and meet specific requirements regarding the agreement’s form and content.
Inheritance Rights:
Gives cohabitants certain inheritance rights upon the death of their partner, including entitlement to a share of the deceased's estate and rights concerning the family home. These rights are similar to those of married couples.
Insurance Provisions:
Presumes cohabitants have an insurable interest in each other's lives, facilitating life insurance arrangements for the benefit of the surviving partner and/or children.
Government Spending
The bill's impact on government spending is not explicitly stated in the provided text and would likely depend on the number of court cases and associated administrative costs.
Groups Affected
The bill primarily affects:
- Cohabiting couples: Provides them with new legal rights and responsibilities regarding financial matters upon separation or death of a partner.
- Former cohabiting couples: Gives them access to court proceedings for financial settlements.
- Children of cohabiting couples: Their welfare is a primary consideration in financial settlement orders.
- Solicitors and barristers: Increased demand for legal services in relation to cohabitation agreements and court cases.
- The Courts: Increased caseload associated with financial settlement applications.
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