The Rights of Cohabiting Partners
Women and Equalities Committee
Closed
Inquiry
Cohabiting partners make up the fastest growing type of family, with over 3.4 million partners cohabiting in England or Wales. People in romantic relationships who cohabit currently have less legal protection than those who are married or in a civil partnership in the event of death or separation. Despite this, …
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4
Recommendations
2
Conclusions
1
Report
5
Oral sessions
5
Events
Activity timeline 12 events
1 Nov
2022
2022
4 Aug
2022
2022
Report published
2 Feb
2022
2022
Oral evidence
2 Feb
2022
2022
Formal meeting (oral evidence session) · Room 16, Palace of Westminster
5 Jan
2022
2022
Oral evidence
5 Jan
2022
2022
Formal meeting (oral evidence session) · Room 6, Palace of Westminster
1 Dec
2021
2021
Oral evidence
1 Dec
2021
2021
Formal meeting (oral evidence session) · The Thatcher Room, Portcullis House
3 Nov
2021
2021
Oral evidence
3 Nov
2021
2021
Formal meeting (oral evidence session) · The Grimond Room, Portcullis House
22 Sep
2021
2021
Oral evidence
22 Sep
2021
2021
Formal meeting (oral evidence session) · The Grimond Room, Portcullis House
Oral evidence sessions 5 sessions
2 Feb 2022
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The rights of cohabiting partners; Oral evidence
Mike Freer MP · House of Commons
Mike Freer MP · Government Equalities Office
Neal Barcoe · Ministry of Justice
Professor Nicholas Hopkins · Law Commission
Tom Pursglove MP · Ministry of Justice
5 Jan 2022
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The rights of cohabiting partners
Dr Kathryn O’Sullivan · University of Limerick
Jens Scherpe · University of Cambridge
Kate Dowdalls QC · Scottish Law Commission
Professor Margaret Briggs · University of Otago
1 Dec 2021
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The rights of cohabiting partners
Baroness Ruth Deech
Elizabeth Darlington
Michael Horton QC
Mr Harry Benson · Marriage Foundation
3 Nov 2021
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The rights of cohabiting partners
Graeme Fraser · Resolution
Lisa Ray · Civil Service Pensioners' Alliance and Partner of Later Life Ambitions
Mandip Ghai · Rights of Women
Nazmin Akthar · Muslim Women's Network UK
22 Sep 2021
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The Rights of Cohabiting Partners
Professor Anne Barlow · University of Exeter
Professor Gillian Douglas · Dickson Poon School of Law, Kings College, London
Professor Rebecca Probert · The University of Exeter
Reports 1 report · click to expand
| Title | HC No. | Published | Items | Response |
|---|---|---|---|---|
| Second Report - The rights of cohabiting partners | HC 92 | 4 Aug 2022 | 6 | Responded |
Recommendations & Conclusions
6 results
1
Conclusion
Accepted in Part
Second Report - The rights of coha…
The current law applicable to cohabitants on relationship breakdown can be costly, complicated and unfair.
The current law applicable to cohabitants on relationship breakdown can be costly, complicated and unfair. Complex property law and trusts principles often require the financially weaker partner—often women—to demonstrate direct financial contributions to the acquisition of the family home, while …
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Government Response
The government commits to consider the best ways to raise awareness about the legal distinctions between marriage, civil partnership and cohabitation, including reviewing the information currently available to the public and considering better signposting for further information and support.
Government Equalities Office
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2
Recommendation
Accepted in Part
Second Report - The rights of coha…
It is staggering that so many people in England and Wales believe in the common...
It is staggering that so many people in England and Wales believe in the common law marriage myth. This misplaced belief in legal protections can have profound consequences for cohabiting partners—many of whom do not realise the reality of their …
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Government Response
The government partially accepts the recommendation, agreeing to reach out to women in religious communities regarding the consequences of non-legally binding weddings, and will consider whether a broader information campaign is appropriate after reviewing the Law Commission report on weddings law.
Government Equalities Office
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3
Recommendation
Rejected
Second Report - The rights of coha…
The lack of comprehensive legal protections for cohabitants upon relationship breakdown means that women, especially...
The lack of comprehensive legal protections for cohabitants upon relationship breakdown means that women, especially women from ethnic minority backgrounds and those who have had a religious-only marriage, can suffer relationship-generated disadvantage. The Law Commission’s proposals for weddings law reform, …
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Government Response
The government rejects the recommendation to undertake a targeted information campaign aimed at women in religious communities where religious-only marriages are commonplace, highlighting the risks of not having a ceremony which meets legal formalities because existing work underway on the law of marriage and divorce must conclude before considering any change to the law in respect of the rights of cohabitants on relationship breakdown.
Government Equalities Office
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4
Conclusion
Rejected
Second Report - The rights of coha…
The law should fully recognise the social reality of modern families and protect people regardless...
The law should fully recognise the social reality of modern families and protect people regardless of whether they are married, in a civil partnership, or in long- term cohabiting relationships. However, law reform should recognise that marriage continues to hold …
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Government Response
The Government rejects the recommendation, stating that reform of inheritance and family provision rights for cohabitees needs to be considered as part of the wider approach to reform of the law on cohabitation rights and intends to take a cautious approach, preferring to let individuals set their affairs in order via a will.
Government Equalities Office
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5
Recommendation
Acknowledged
Second Report - The rights of coha…
The Government should reform family law to better protect cohabiting couples and their children from...
The Government should reform family law to better protect cohabiting couples and their children from financial hardship in the event of separation. We recommend an opt-out cohabitation scheme as proposed by the Law Commission in its 2007 report on the …
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Government Response
The government accepts the recommendation in principle, but will consider whether non legislative broad guidance would be appropriate, having assessed the matter with the Pensions Regulator and key stakeholders first.
Government Equalities Office
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6
Recommendation
Rejected
Second Report - The rights of coha…
People need certainty following the loss of a partner.
People need certainty following the loss of a partner. We support the Law Commission’s 2011 recommendations concerning intestacy and family provision claims for cohabitants. We are concerned that many cohabitants rely on trustee’ discretion to access their deceased partner’s pension, …
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Government Response
HM Treasury rejects the recommendation to implement the Law Commission’s 2011 recommendations concerning intestacy and family provision claims for cohabiting partners; publish clear guidelines on how pension schemes should treat surviving cohabiting partners; and review the inheritance tax regime so it is the same for cohabiting partners as it currently is for married couples and civil partners because the government has no plans at present to extend the longstanding treatment of spouses and civil partners to cohabiting partners as the inheritance tax treatment of married couples and civil partners reflects their unique legal relationship.
Government Equalities Office
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