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, including upon the death of one partner. It seeks to establish a framework for financial settlements and inheritance rights similar to those enjoyed by married couples.

Description

The bill defines "cohabitant" as two people living together as a couple who meet certain conditions (e.g., are parents of a child together, or have lived together for three years). It excludes married or civil partnered couples and those within prohibited degrees of kinship. The bill introduces "financial settlement orders," allowing former cohabitants to apply to court within 24 months of separation for financial settlements. The court will consider various factors such as income, contributions to the relationship, and welfare of any children. The bill also grants cohabitants certain rights concerning insurance, death registration, and inheritance, including a presumption of insurable interest in each other's lives and entitlement to a share of the deceased's estate under intestacy. Opt-out agreements are permitted but are subject to court review if deemed manifestly unfair. Existing cohabitation agreements or deeds of trust may also be varied or revoked by the court.

Government Spending

The bill doesn't directly specify government spending figures. However, the introduction of a new legal framework will likely involve some administrative costs associated with court proceedings and potential legal aid implications. Further costs may arise from updated government guidance and training for relevant officials.

Groups Affected

• Cohabiting couples: This bill significantly impacts cohabiting couples in England and Wales, offering them increased legal protection in financial and inheritance matters.
• Former cohabiting couples: They gain access to court-ordered financial settlements, but also the possibility of being bound by opt-out agreements.
• Children of cohabiting couples: Their welfare is a primary factor in determining financial settlement orders.
• Courts and legal professionals: They will be responsible for handling applications under this new legislation.
• Estate administrators and insurance companies: The bill alters their processes for handling the estates of deceased persons and insurance claims relating to cohabitants.

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