Select committee: Women and Equalities Committee

Recommendation 2

Second Report - The rights of cohabiting partners Published 4 Aug 2022 Paragraph 24 Addressed to Government Equalities Office
Recommendation (the committee's words)
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 a public awareness campaign to highlight the legal distinctions between getting married, forming a civil partnership, or choosing to live together as cohabiting partners.

From: Women and Equalities Committee, Second Report - The rights of cohabiting partners (HC 92), paragraph 24, 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".

Read the government's response ↗ Report an error