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 …
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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 and the validity of marriage ceremonies. Women who feel pressured into a religious- only marriage, other non-legally recognised weddings, or remaining as cohabitants without a formal agreement will remain unprotected by the current law. The Government should 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. Such a campaign will need to consider the Law Commission’s recommendations for weddings law reform. (Paragraph 32) Key features applicable upon relationship breakdown
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Government response AI summary
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 …
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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. …
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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. We believe that the Law Commission’s 2007 proposals for an opt-out cohabitation scheme are a pragmatic approach for reforming cohabitation law. The Law Commission’s proposed approach has the potential to: • protect eligible cohabitants who are economically vulnerable • preserve individual autonomy; The rights of cohabiting partners 27 • maintain a distinction with marriage and civil partnership; and • provide certainty about who qualifies as a cohabitant.
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Government response AI summary
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 …
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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 …
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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 compared to married or civil partnered claimants. Like spouses and civil partners, cohabitants should be able to inherit the family home without fear they will have to sell it to pay an inheritance tax bill. The Government should immediately: a) implement the Law Commission’s 2011 recommendations concerning intestacy and family provision claims for cohabiting partners; b) publish clear guidelines on how pension schemes should treat surviving cohabiting partners, including what those partners are entitled to, and what evidence they will need to access survivor’s pensions; and c) review the inheritance tax regime so it is the same for cohabiting partners as it currently is for married couples and civil partners. (Paragraph 73) 28 The rights of cohabiting partners
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Government response AI summary
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 …
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Government Equalities Office