Select committee: Women and Equalities Committee
Conclusion 1
Second Report - The rights of cohabiting partners
Published 4 Aug 2022
Paragraph 23
Addressed to Government Equalities Office
Women and Equalities Committee The Rights of Cohabiting Partners All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Conclusion (the committee's words)
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 1 to the Children Act 1989, is out-dated, mostly benefits the children of wealthy parents and is in need of reform.
From: Women and Equalities Committee, Second Report - The rights of cohabiting partners (HC 92), paragraph 23, 4 August 2022
Government response
The government responded to the whole report on 1 November 2022 (deadline 4 October 2022).
Summary written by Accountability Index from the government's response. It is not the government's own words.The government partially accepts the two awareness-campaign recommendations, accepts in principle the pensions guidance recommendation, and rejects the recommendations on cohabitation law reform, intestacy and inheritance tax.
- On a public awareness campaign, the government "does not consider a national campaign necessary" but commits to "take further action to consider the best ways to raise awareness", including considering a review of information on Gov.uk.
- It rejects the call for an opt-out cohabitation scheme and draft legislation in 2023-24, saying work on marriage and divorce law "must conclude" first, so it "cannot therefore commit" to that timetable.
- It rejects immediate implementation of the 2011 intestacy recommendations, intending to take "a cautious approach" and saying it "would want to consult ahead of pursuing any reforms".
- On pensions, it accepts in principle and "will thus consider whether non legislative broad guidance would be appropriate", after assessing the matter with the Pensions Regulator and key stakeholders. HM Treasury rejects the inheritance tax recommendation but "will keep inheritance tax, including the issue of cohabitation under review".