Recommendations & Conclusions
6 items
1
Conclusion
Second Report - The rights of cohabitin…
Accepted in Part
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 childcare and other non- financial contributions go largely unrecognised. Schedule …
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
2
Recommendation
Second Report - The rights of cohabitin…
Accepted in Part
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 situation until it is too late. The Government should conduct …
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 …
Government Equalities Office
3
Recommendation
Second Report - The rights of cohabitin…
Rejected
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, although welcome, primarily focus on resolving issues around formalised relationships …
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 …
Government Equalities Office
4
Conclusion
Second Report - The rights of cohabitin…
Rejected
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 an important social and religious status in England and Wales. …
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 …
Government Equalities Office
5
Recommendation
Second Report - The rights of cohabitin…
Acknowledged
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 financial consequences of relationship breakdown. The Government should make a …
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
6
Recommendation
Second Report - The rights of cohabitin…
Rejected
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, often after being asked to supply disproportionate amounts of evidence …
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 …
Government Equalities Office