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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 …

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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

3 items
3 Recommendation Second Report - The rights of cohabitin… Rejected

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, 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...

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
6 Recommendation Second Report - The rights of cohabitin… Rejected

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, 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

Oral evidence sessions

5 sessions
Date Witnesses
2 Feb 2022 Mike Freer MP · Government Equalities Office, Mike Freer MP · House of Commons, 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 ↗