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Select Committee · Women and Equalities Committee

The Rights of Cohabiting Partners

Status: Closed Opened: 20 Apr 2021 Closed: 12 Dec 2022 4 recommendations 2 conclusions 1 report

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, there is a widespread perception … Show more

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Reports

1 report
Title HC No. Published Items Response
Second Report - The rights of cohabiting partners HC 92 4 Aug 2022 6 Responded

Recommendations & Conclusions

2 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.

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 … Read more

Government response AI summary
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.
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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...

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 … Read more

Government response AI summary
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.
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Government Equalities Office

Oral evidence sessions

5 sessions
Date Witnesses
2 Feb 2022 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 View ↗
5 Jan 2022 Dr Kathryn O’Sullivan · University of Limerick, Jens Scherpe · University of Cambridge, Kate Dowdalls QC · Scottish Law Commission, Professor Margaret Briggs · University of Otago View ↗
1 Dec 2021 Baroness Ruth Deech, Elizabeth Darlington, Michael Horton QC, Mr Harry Benson · Marriage Foundation View ↗
3 Nov 2021 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 View ↗
22 Sep 2021 Professor Anne Barlow · University of Exeter, Professor Gillian Douglas · Dickson Poon School of Law, Kings College, London, Professor Rebecca Probert · The University of Exeter View ↗

Who gave evidence

20 witnesses
WitnessOrganisationSessions
Baroness Ruth Deech — 1
Dr Kathryn O’Sullivan · Senior Lecturer of Law at the School of Law University of Limerick 1
Elizabeth Darlington — 1
Graeme Fraser · Cohabitation Chair Resolution 1
Jens Scherpe · Professor of Comparative Law University of Cambridge 1
Kate Dowdalls QC · Commissioner Scottish Law Commission 1
Lisa Ray · General Secretary Civil Service Pensioners' Alliance and Partner of Later Life Ambitions 1
Mandip Ghai · Senior Legal Officer Rights of Women 1
Michael Horton QC — 1
Mike Freer MP · Government Whip House of Commons 1
Mike Freer MP · Minister for Equalities Government Equalities Office 1
Mr Harry Benson · Research Director Marriage Foundation 1
Nazmin Akthar · Co-Chair Muslim Women's Network UK 1
Neal Barcoe · Deputy Director, Family Justice Policy Ministry of Justice 1
Professor Anne Barlow · Professor of Family Law and Policy University of Exeter 1
Professor Gillian Douglas · Professor of Law Emeritus Executive Dean Dickson Poon School of Law, Kings College, London 1
Professor Margaret Briggs · Professor of Law University of Otago 1
Professor Nicholas Hopkins · Law Commissioner for Property, Family and Trust L… Law Commission 1
Professor Rebecca Probert · Professor of Law The University of Exeter 1
Tom Pursglove MP · Parliamentary Under-Secretary of State (Minister … Ministry of Justice 1