Select committee: Women and Equalities Committee
Recommendation 3
Second Report - The rights of cohabiting partners
Published 4 Aug 2022
Paragraph 32
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 ↗
Recommendation (the committee's words)
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.
From: Women and Equalities Committee, Second Report - The rights of cohabiting partners (HC 92), paragraph 32, 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".