Overview

This bill aims to provide legal protections for cohabiting couples in England and Wales, covering financial settlements upon separation or death, and insurance rights. It establishes a framework of rights and responsibilities for those who live together as a couple, but are not married or in a civil partnership.

Description

The bill defines "cohabitant" as two people living together as a couple who meet specific criteria (e.g., shared legal parenthood of a child, a joint residence order, or two years of cohabitation). It excludes married/civil partnered couples and those within prohibited degrees of kinship (unless specific exceptions apply).

Financial Settlement Orders

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 the welfare of any children, the nature of the relationship, contributions made by each party, and their financial resources. Orders can include lump sum payments, periodical payments (generally limited to three years, unless exceptional hardship is proven), property transfers, and pension sharing. Cohabitants can agree to opt out of these orders with a legally-vetted agreement.

Protections Related to Insurance and Death

The bill presumes cohabitants have an insurable interest in each other's lives, clarifying insurance rights. It extends certain protections available to spouses under existing legislation (like the Inheritance (Provision for Family and Dependants) Act 1975 and the Fatal Accidents Act 1976) to cohabitants, regarding financial provision from the deceased's estate and bereavement damages.

Government Spending

The bill's impact on government spending is not explicitly stated within the provided text. However, it's likely to increase court caseloads, requiring additional judicial resources and potentially impacting legal aid budgets. The increased complexity of inheritance and bereavement cases could also affect government agencies involved in these processes.

Groups Affected

• Cohabiting Couples: This bill directly impacts cohabiting couples, providing them with legal rights and responsibilities regarding financial matters upon separation or death that they previously lacked.
• Children of Cohabiting Couples: The bill prioritizes the welfare of children when determining financial settlements, potentially improving their financial security in the event of parental separation or death.
• Legal Professionals: Solicitors and barristers will be involved in advising couples on opt-out agreements and representing them in court proceedings.
• Courts: The bill is likely to increase the workload of courts dealing with family law matters.
• Insurance Companies: The bill clarifies insurable interests for cohabiting couples, potentially affecting insurance policies and premiums.

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