Select committee: Women and Equalities Committee
Recommendation 5
Second Report - The rights of cohabiting partners
Published 4 Aug 2022
Paragraph 64
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 Government should reform family law to better protect cohabiting couples and their children from financial hardship in the event of separation. We recommend an opt-out cohabitation scheme as proposed by the Law Commission in its 2007 report on the financial consequences of relationship breakdown. The Government should make a commitment to publishing draft legislation for pre-legislative scrutiny in the 2023–24 Session of Parliament. In the meantime, the Ministry of Justice should commission a refresh review of the Law Commission’s 2007 proposals to see if they need updating.
From: Women and Equalities Committee, Second Report - The rights of cohabiting partners (HC 92), paragraph 64, 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".