in the event of their ceasing to live together as a couple for a reason
other than death,
A
bill
to
Provide certain protections for persons who live together or have lived together as a couple; to make provision about the property of deceased persons survived by a cohabitant; and for connected purposes.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
This Act establishes a framework of rights and responsibilities for cohabitants
with a view to providing basic protections—
in the event of their ceasing to live together as a couple for a reason
other than death,
in the event of the death of one of them, and
for the purpose of enabling the life of either of them to be insured by
or for the benefit of the other or for the benefit of a relevant child.
For the purposes of this Act, references to the cohabitants in a relationship
are to any two people (whether of the same sex or the opposite sex) who—
live together as a couple, and
The first condition is that any of the following apply to the two people (“A”
and “B”) who live together as a couple—
A and B are each treated in law as being mother, father or parent of
the same minor child;
there is in force in respect of a minor child either a joint residence
order in favour of A and B or a child arrangements order stipulating
arrangements by which a minor child is to live, spend time or
otherwise have contact with both A and B;
A and B are the natural parents of a child en ventre sa mere at the
date when A and B cease to live together as a couple (whether or not
that child is subsequently born alive);
A and B have lived together as a couple for a continuous period of
three years or more.
The second condition is that A and B—
are neither married to each other nor civil partners of each other, and
are not within prohibited degrees of relationship in relation to each
other.
For the purposes of subsection
(2)
(d)
, in determining the length of the
continuous period during which two people have lived together as a couple—
any period of the relationship that fell before the commencement date
is to be taken into account, but
any one or more periods (not exceeding six months in all) during
which the parties ceased living together as a couple is to be
disregarded.
Any reference in this Act to “former cohabitants”—
is to any two people who were cohabitants in a relationship but who
have ceased living together as a couple, and
is to be taken—
as including any two people who, although they have ceased
living together as a couple, continue to share accommodation
(whether for financial or other reasons), but (whether for
financial or other reasons), but
as not including any two people who have subsequently
married or become civil partners of each other.
Any reference in this Act to a “relevant child”—
in relation to cohabitants in a relationship, is to any minor child in
respect of whom—
each of the cohabitants is treated in law as being mother, father
or parent, or
a child arrangements order in favour of both cohabitants is in
force;
in relation to former cohabitants in a relationship, is to any minor
child in respect of whom—
each of the former cohabitants is treated in law as being mother,
father or parent, or
there was in force during the period when the former
cohabitants were living together as a couple a joint residence
order in favour of both the former cohabitants or a child
arrangements order stipulating arrangements by which the
minor child was to live, spend time or otherwise have contact
with both former cohabitants.
“Relevant children” is to be read in accordance with subsection (1) .
For the purposes of this Act, two people are within prohibited degrees of
relationship if one is the other’s parent, grandparent, sister, brother, aunt or
uncle.
In subsection (1) references to relationships—
are to relationships of the full blood or half blood or, in the case of
an adopted person, such of those relationships as would subsist but
for adoption, and
include the relationship of a child with his adoptive, or former
adoptive, parents,
but do not include any other adoptive relationships.
For the purposes of this Act, two people (A and B) are within prohibited
degrees of relationship if one of them falls within the list below in relation
to the other—
child of former civil partner;
child of former spouse;
former civil partner of grandparent;
former spouse of grandparent;
former civil partner of parent;
former spouse of parent;
grandchild of former civil partner;
grandchild of former spouse.
But subsection (3) does not apply where—
A and B have both reached 21 when they start living together, and
the younger (“A”) has not at any time before reaching 18—
lived in the same household as B, in circumstances where B
was then in a relationship with a third person (“C”), and
been treated by B as a child or grandchild of B’s relationship
with C.
This Part has effect to determine the financial rights and obligations of former
cohabitants.
This Part does not apply to former cohabitants—
where the former cohabitants have ceased living together as a couple
before the commencement date;
to the extent specified in an opt-out agreement in force between former
cohabitants which is made in accordance with section 12 and which
was entered into on or after the commencement date;
in so far as a matter that would otherwise fall to be considered under
this Part is already dealt with by a cohabitation agreement or a deed
of trust which is in force between former cohabitants and which was
entered into before the commencement date.
But, in relation to subsection (2) —
In any case where this Part applies, it has effect in place of common law rules
and equitable principles (including contract, estoppel and implied trusts).
A former cohabitant may apply to the court for an order under section
8
(a
financial settlement order).
On an application under this section, the court must inquire, so far as it
reasonably can, into—
the facts alleged by the former cohabitant who made the application
(“the applicant”), and
the facts alleged by the other former cohabitant (“the respondent”).
No application may be made under this section unless—
the application is made before the end of the period of 24 months
starting with the date on which the former cohabitants ceased living
together as a couple, or
the former cohabitant who proposes to make the application satisfies
the court that exceptional circumstances would justify a late application
being made.
No person may make more than one application under this section in relation
to the same respondent unless since the first such application was determined
the applicant and respondent have resumed living together as a couple and
have lived together as a couple for a continuous period of two years since
such resumption.
The court may make a financial settlement order if—
the court is satisfied that the applicant and the respondent have ceased
living together as a couple,
the court is satisfied either—
that the respondent has retained a benefit, or
that the applicant has an economic disadvantage,
as a result of qualifying contributions the applicant has made, and
having regard to the discretionary factors, the court considers that it
is just and equitable to make an order.
For the purpose of subsection (1) —
a “retained benefit” is a financial benefit which has been acquired,
retained or enhanced by or for the respondent during the parties’
cohabitation or in contemplation of the parties’ cohabitation, whether
in the form of capital assets of any kind, income, whether actual or
potential, or earning capacity;
an “economic disadvantage” is a past, present or future financial loss,
burden or cost sustained by the applicant during the parties’
cohabitation or in contemplation of the parties’ cohabitation or likely
to be sustained by the applicant following its breakdown;
a “qualifying contribution” is any financial or other contribution made
by the applicant to the parties’ shared lives or to the welfare of
members of their families during the parties’ cohabitation or in
contemplation of the parties’ cohabitation or likely to be made by the
applicant following its breakdown;
the “discretionary factors” are the factors listed in section 9 .
If the court determines to make a financial settlement order, it may by its
order adjust any retained benefit, by reversing it in so far as it is reasonable
and practicable to do so, having regard to the discretionary factors listed in
section
9
.
If the court considers that after the reversal of any retained benefit in
accordance with subsection
(3)
the applicant would still bear an economic
disadvantage, the court may by its order ensure that the disadvantage shall
be shared equally between the parties, in so far as it is reasonable and
practicable to do so, having regard to the discretionary factors listed in section
9
.
In deciding whether it considers that it is just and equitable to make a financial
settlement order and, if it does so consider, in determining what order it
should make, the court must have regard to the following discretionary
factors—
the welfare while a minor, of any child of both parties who has not
attained the age of 18;
the income, earning capacity, property and other financial resources
which each of the parties has, or is likely to have in the foreseeable
future (including any pension, allowance or benefit paid or to be paid
to either party or the eligibility of either party for a pension, allowance
or benefit);
the financial needs and obligations which each of the parties has, or
is likely to have in the foreseeable future;
the welfare of any children who live with or might reasonably be
expected to live with either party;
the conduct of each party if, but only if, it is of such a nature that it
would be inequitable to disregard it;
the circumstances in which the applicant made any qualifying
contribution, in particular if the respondent shows that the applicant
made such contribution despite the respondent’s express disagreement
that it should be made.
A financial settlement order may, in order to achieve the aims specified in section 8 (3) and (4) , require any one or more of the following—
payment of a lump sum (including payment by instalments, secured
lump sums, lump sums paid by way of pension attachment and interim
payments);
transfer of property;
property settlements;
sale of property;
pension sharing.
The court may include in a financial settlement order a provision which
prohibits the other from applying, on the death of the applicant, for an order
under
section 2
of the
Inheritance (Provision for Family and Dependants) Act
1975
(powers of court to make orders), if it considers it just to do so.
Schedule 1 to this Act makes further provision supplementing section 10 and this section, including provision—
for the purpose of securing compliance with any order made by the
court in connection with such an application, and
for the making of consent orders.
An opt-out agreement is an agreement between two people which complies
with the requirements of the following provisions of this section.
An opt-out agreement may be entered into on or after the commencement
date.
A person may not enter into an opt-out agreement unless he or she has
attained the age of 16 years.
Any opt-out agreement entered into in contravention of subsection (4) is void.
An opt-out agreement must contain a statement by each of the persons
entering into it (“A” and “B”) to the effect that each of them—
has separately received legal advice from a qualified practitioner as
to the effect of the opt-out agreement and understands its effect,
agrees that a financial settlement order should not be available in the
event that A and B cease living together as a couple, and
specifies that the statement in paragraph (b) is to apply either—
in all circumstances, or
only to such extent, or in such circumstances, as may be
specified in the agreement (for example, only in relation to any
one or more specified parts of A’s or B’s financial affairs or
assets).
An opt-out agreement must—
be in writing,
be signed and dated by A and by B, and
in respect of each of A and B, be accompanied by a certificate by a
qualified practitioner that the practitioner has given legal advice—
as to the terms and effect of the proposed opt-out agreement,
and
in particular, as to its effect on any rights of action the person
signing the agreement may have in the event of them ceasing
to live together as a couple.
An opt-out agreement which is made in the prescribed form is to be taken
to comply with the requirements of this section.
In this section—
“
prescribed” means prescribed by regulations made by the Lord
Chancellor;
“
qualified practitioner” means a solicitor or barrister qualified in England
and Wales.
Where A and B have entered into an opt-out agreement in accordance with
section
12
, A and B may by agreement vary or revoke the agreement at any
time.
For the purposes of subsection
(2)
, any reference to the opt-out agreement is
to be read as a reference to the variation or revocation.
The court may vary or revoke the opt-out agreement only if the court
determines that the agreement is manifestly unfair to the applicant because
of—
the circumstances in which the agreement was entered into or varied,
or
any change in the circumstances of either party which was unforeseen
at the time the agreement was entered into or varied.
The court may vary or revoke the agreement or deed in such circumstances
and to such extent as the court considers appropriate.
Each cohabitant in a relationship is to be presumed for the purposes of
section
1
of the
Life Assurance Act 1774
(no insurance to be made on lives, etc, by
persons having no interest etc) to have an interest in the life of the other
cohabitant in the relationship.
Section 11 of the Married Women’s Property Act 1882 (money payable under policy of assurance not to form part of the estate of the insured) applies in relation to a policy of assurance—
effected by a cohabitant in a relationship (“A”) on A’s own life, and
expressed to be for the benefit—
of the other cohabitant (“B”),
of any child of A and B, or
of B and all such children, or any of them,
as it applies in relation to a policy of assurance effected by a husband and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or of any of them.
Subsection (2)
applies in any case where a person (“B”) dies and, immediately
before B’s death, B was a cohabitant in a relationship with another person
(“A”).
For the purposes of Part 2 of the Births and Deaths Registration Act 1953 (registration of deaths)—
A is to be treated as if A were a relative of B, and
Section 46
of the
Administration of Estates Act 1925
(succession to real and
personal estate on intestacy) is amended as follows.
In subsection (1) (i) (cases where the intestate leaves a spouse or civil partner)—
in the words before the Table, for “or civil partner,” substitute “, civil
partner or qualifying cohabitant,”, and
in the Table—
for “the surviving spouse or civil partner”, where first
occurring, substitute “the surviving spouse, civil partner or
qualifying cohabitant (“the survivor”)”, and
for each subsequent occurrence of “the surviving spouse or
civil partner” substitute “the survivor”.
In
subsections (1)
(ii)
to
(v)
and
(2A)
to
(4)
(which make further provision
about the rights of spouses, civil partners and others on intestacy) for “or
civil partner” (in each place) substitute “civil partner or qualifying cohabitant”.
“(2B)
Where an intestate and the intestate’s spouse or civil partner have
died in circumstances rendering it uncertain which of them survived the other, this section has effect as if the intestate did not leave any qualifying cohabitant.”
“(4A)
A person is a qualifying cohabitant in relation to an intestate only if—
(a)
the intestate was neither married nor in a civil partnership
immediately before death, and(b)
the person was immediately before the death of the intestate
a cohabitant in a relationship with the intestate within the meaning of section 2 of the Cohabitation Rights Act 2026 (“cohabitant”).”
Schedule 2
to the
Intestates’ Estates Act 1952
(rights of surviving spouse or
civil partner as respects the matrimonial or civil partnership home) is amended
as follows.
“A1
(1)
This Schedule applies where a person dies intestate and leaves a
spouse, civil partner or qualifying cohabitant.(2)
In this Schedule—
“
qualifying cohabitant” has the meaning given by section 46(4A)
of the principal Act;“
the survivor” means the surviving spouse, civil partner or
qualifying cohabitant.”
In
paragraphs 1
to
6
, for “the surviving spouse or civil partner” (in each place)
substitute “the survivor”.
In
paragraph 6
(2)
for “a surviving spouse or civil partner” substitute “a
surviving spouse, civil partner or qualifying cohabitant”.
“Rights of surviving spouse, civil partner or qualifying cohabitant as respects the home”.
In
section 1
of the
Inheritance (Provision for Family and Dependants) Act This subsection applies to any person who was immediately before
1975
for subsections (1A) and (1B) (application for financial provision from
deceased’s estate) there is substituted—
“(1A)
the death of the deceased a cohabitant in a relationship with the
deceased within the meaning of section
2
of the Cohabitation Rights
Act 2026 (“cohabitant”).”
Schedule 2 to this Act contains additional provision—
to align with this Act certain existing statutory protections that are
available to a surviving cohabitant on the death of the other cohabitant,
and
to extend to the surviving cohabitant certain connected provisions
amends the Inheritance (Provision for Family and Dependants) Act
1975, and
includes provision setting out circumstances in which a former
cohabitant who receives no reasonable financial provision from the
deceased’s estate may apply to the court.
amends the Fatal Accidents Act 1976, and
includes provision for the court to consider a claim for bereavement
damages which is made by a surviving cohabitant.
In this Act, except where the context otherwise requires—
“
child arrangements order” has the same meaning as in the
Children
and Families Act 2014
;
“
cohabitant” has the meaning given in
section 2
;
“
the court” has the meaning given in
section 24
;
“
financial settlement order” means an order under
section 8
;
“
former cohabitant” has the meaning given in
section 3
;
“
relevant child” has the meaning given in
section 4
;
“
residence order” has the same meaning as in the
Children Act 1989
.
For the purposes of this Act, the court means—
the High Court, or
where a county court has jurisdiction by virtue of regulations made
under this section, a county court.
The Lord Chancellor may by regulations specify proceedings under this Act
which may only be commenced in—
a specified level of court,
a court which falls within a specified class of court, or
a particular court determined in accordance with, or specified in, the
regulations.
The Lord Chancellor may by regulations specify circumstances in which
specified proceedings under this Act may only be commenced in—
a specified level of court,
a court which falls within a specified class of court, or
a particular court determined in accordance with, or specified in the
regulations.
the High Court, and
a county court.
The Lord Chancellor may by regulations make—
any incidental, consequential or supplemental provision, and
any transitional or saving provision,
that the Lord Chancellor considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.
The power under
this section
is not restricted by any other provision of this
Act.
Regulations under
this section
may amend, repeal or revoke any provision
of—
an Act passed before or in the same session as this Act, or
subordinate legislation made before the passing of this Act.
In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 .
Regulations made under this Act are to be made by statutory instrument.
Any statutory instrument made under this Act may—
make different provision for different cases;
contain such incidental, consequential, transitional or supplemental
provision as the Lord Chancellor considers appropriate.
No regulations are to be made under—
section section 25 (3) , or
paragraph 13 of Schedule 1 to this Act,
unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.
Any other statutory instrument made under this Act is subject to annulment
in pursuance of a resolution of either House of Parliament.
This Act extends to England and Wales only.
Part 3 of this Act applies only in relation to deaths occurring after the coming into force of this Part of this Act.
The following provisions of this Act come into force on the passing of this
Act—
this Part, and
The other provisions of this Act come into force on such a day as the Lord
Chancellor may by regulations made by statutory instrument appoint.
Regulations under subsection
(2)
may appoint different days for different
purposes.
This Act may be cited as the Cohabitation Rights Act 2026.
In this Part of the Schedule, “specified”, in relation to a step which a
financial settlement order requires to be taken, means specified in the order.
In a financial settlement order, the court may require that either the
applicant or the respondent must pay to the other such lump sum or sums
as may be specified.
Where a financial settlement order requires the payment of a lump sum,
the order may—
provide for payment of the sum by instalments of a specified
amount, and
require the payment of instalments to be secured to the satisfaction
of the court,
but this does not restrict the powers of the court to impose requirements under sub-paragraph (1) .
If the court —
makes a financial settlement order requiring the payment of a lump
sum, and
directs that—
payment of the sum or any part of it is to be deferred, or
the sum or any part of it is to be paid by instalments,
the court may provide for the deferred amount or the instalments to carry interest at a specified rate from a specified date until the date when payment of it is due.
A date specified under sub-paragraph
(3)
must not be earlier than the date
of the financial settlement order.
In a financial settlement order, the court may require—
that the applicant or the respondent must transfer specified property
to which he or she is entitled to the other of them;
that a settlement of a specified property to which the applicant or
the respondent is entitled be made to the satisfaction of the court
for the benefit of the other of them;
that a relevant settlement be varied for the benefit of the applicant
or the respondent;
that the interest of either the applicant or the respondent under a
relevant settlement be extinguished or reduced.
In sub-paragraph (1) —
“
entitled” means entitled in possession or reversion;
“
relevant settlement”, in relation to the applicant and the respondent,
means a settlement made on them whilst they were living together
as a couple or in anticipation of them living together as a couple,
and—
it includes a settlement made by will or codicil, but
This paragraph applies in any case where the court proposes to include in
a financial settlement order a requirement under—
In the same financial settlement order, the court may require the sale of
specified property in which, or in the proceeds of sale of which, either the
applicant or the respondent (or both) has or have a beneficial interest, either
in possession or reversion.
Where—
the court is considering whether to require the sale of a property,
and
another person (“C”) also has a beneficial interest in the property
or the proceeds,
the court must give C an opportunity to make representations with respect to the proposed sale and, in determining whether to require the sale, it must have regard to any representations made by C.
Any financial settlement order requiring a sale of property may contain
such consequential or supplementary provisions as the court considers
appropriate.
Such provision may, in particular—
require the making of a payment out of the proceeds of sale of the
property to which the financial settlement order relates, and
require any property to which the order relates to be offered for
sale to a specified person, or class of persons.
In a financial settlement order, the court may require that the applicant or
the respondent’s—
shareable rights under a specified pension arrangement, or
shareable state scheme rights,
are to be subject to pension sharing for the benefit of the other and, if the court imposes such a requirement, it must specify the percentage value to be transferred.
If a pension sharing order relates to rights under a pension arrangement,
the court may include in the order provision about the apportionment
between the applicant and the respondent of any charge under section 41
of the 1999 Act (charges in respect of pension sharing costs).
In this paragraph —
“the 1999 Act” means the Welfare Reform and Pensions Act 1999 ;
references to shareable rights under a pension arrangement are to
rights in relation to which pension sharing is available under
Chapter 1
of
Part 4
of
the 1999 Act
;
references to shareable state scheme rights are to rights in relation
to which pension sharing is available under
Chapter 2
of
Part 4
of
the 1999 Act
;
“pension arrangement” means any of the following—
an occupational pension scheme;
a personal pension scheme;
a retirement annuity contract;
an annuity or insurance policy purchased, or transferred,
for the purpose of giving effect to rights under an
occupational pension scheme or a personal pension scheme;
an annuity purchased, or entered into, for the purpose of
discharging liability in respect of a pension credit under
section 29
(1)
(b)
of
the 1999 Act
(creation of pension debits
and credits).
In sub-paragraph (3) (d) —
“
personal pension scheme” and “occupational pension scheme” have
the same meaning as in the
Pension Schemes Act 1993
;
“
retirement annuity contract” means a contract or scheme approved
under
Chapter 3
of
Part 14
of the
Income and Corporation Taxes
Act 1988
.
Regardless of anything in Part 1 of this Schedule, on an application for a
consent order under this paragraph, the court may, unless it has reason to
think that there are other circumstances into which it ought to inquire,
make an order in the terms agreed on the basis only of such information
supplied with the application as is required by rules of court.
In this Part of this Schedule—
“
consent order” in relation to an application for an order, means an
order in the terms applied for to which the respondent agrees;
“
relevant agreement” means any agreement in writing between former
cohabitants which is made after they have ceased living together
as a couple and contains financial arrangements.
For these purposes, “financial arrangements” means provisions governing
the rights and liabilities towards one another, once former cohabitants have
ceased living together as a couple in respect of—
the making or securing of payments, or
the disposition or use of any property.
If a relevant agreement includes a provision purporting to restrict any right
to apply to a court for an order containing financial arrangements—
that provision is void, but
any other financial arrangements contained in the relevant
agreement—
are not void or unenforceable as a result, and
unless void or unenforceable for any other reason, are
binding on the parties to the agreement (but this is subject
to any alteration made under paragraph
11
).
Nothing in this Part of this Schedule affects—
any power of a court before which any proceedings between the
parties to a relevant agreement are brought under any other
enactment (including a provision of this Schedule) to make an order
containing financial arrangements, or
any right of either party to apply for such an order in such
proceedings.
This paragraph applies in proceedings brought by one person (“A”) against
another (“B”) for the purpose of obtaining any financial relief by virtue of
a financial settlement order.
If the court is satisfied, on an application by A, that B is, with the intention
of defeating A’s claim for financial relief, about to—
make any disposition, or
transfer out of the jurisdiction or otherwise deal with any property,
it may make such order as it thinks appropriate for restraining B from doing so or otherwise for protecting the claim.
If the court is satisfied, on an application by A—
that B has, with the intention of defeating A’s claim for financial
relief, made a reviewable disposition, and
that if the disposition were set aside, financial relief or different
financial relief would be granted to A,
the court may make an order setting aside the disposition.
If the court is satisfied, on an application by A in a case where a financial
settlement order has been obtained by A against B, that B has, with the
intention of defeating A’s claim for financial relief, made a reviewable
disposition, it may make an order setting aside the disposition.
An application for the purposes of sub-paragraph
(3)
must be made in the
proceedings for the financial relief in question.
Any reference in paragraph
11
to defeating A’s claim for financial relief is
to—
preventing financial relief from being granted to A,
reducing the amount of any financial relief which might be so
granted, or
frustrating or impeding the enforcement of any financial settlement
order which might be or has been made at A’s instance.
In paragraph 11 and this paragraph “disposition”—
does not include any provision contained in a will or codicil, but
subject to paragraph
(a)
, includes any conveyance, assurance or gift
of property of any description (whether made by an instrument or
otherwise).
Any disposition made by B (whether before or after the commencement of
the proceedings for financial relief) is a reviewable disposition for the
purposes of paragraph
11
(3)
and
(4)
unless it was made—
for valuable consideration (other than marriage), and
to a person who, at the time of the disposition, acted in relation to
it in good faith and without notice of any intention on B’s part to
defeat A’s claim for financial relief.
If an application is made under paragraph
11
with respect to a disposition
which took place less than 3 years before the date of the application, or
with respect to a disposition or other dealing with property which is about
to take place, and the court is satisfied—
it is presumed, unless the contrary is shown, that the person who disposed of or is about to dispose of or deal with the property did so or, as the case may be, is about to do so, with the intention of defeating A’s claim for financial relief.
The Lord Chancellor may by regulations make such further provision as
the Lord Chancellor considers appropriate for the purposes of, in
consequence of, or for giving full effect to
sections 10
and
11
and
this
Schedule
.
Regulations under
sub-paragraph (1)
may include provision for or in
connection with, in particular—
the making of financial settlement orders having regard to pension
benefits;
the assumption of responsibility for payments required by financial
settlement orders in cases where compensation is payable under
Chapter 3
of
Part 2
of the
Pensions Act 2004
(pension protection);
the alteration after the death of the parties of relevant agreements
in respect of which a consent order has been made under
Part 2
of
this Schedule
.
The Administration of Estates Act 1925 is amended as follows.
In
section 48
(2)
(powers of personal representative in respect of interests
of surviving spouse or civil partner) in
paragraph (a)
, for “or civil partner”
substitute “, civil partner or qualifying cohabitant”.
“(xviiia)
“qualifying cohabitant” has the meaning given by
section 46(4A).”
In the
Intestates’ Estates Act 1952
, for
section 5
(rights of surviving spouse
The Second Schedule to this Act (rights of surviving spouse, civil
partner or qualifying cohabitant as respects the home) has effect.”
or civil partner as respects the matrimonial home) substitute—
“5
Rights of surviving spouse, civil partner or qualifying cohabitant
as respects the home
In
this Part
of
this Schedule
“the 1975 Act” means the
Inheritance (Provision
for Family and Dependants) Act 1975
.
In
section 1
of
the 1975 Act
(application for financial provision from the
deceased’s estate)—
in subsection (1) (ba) omit “or 1B”;
“(1A)
This subsection applies to a person if immediately before
the deceased died, the person and the deceased were cohabitants within the meaning of the Cohabitation Rights Act 2026.”;
“(1B)
Section 14B of this Act sets out the circumstances in which
a former cohabitant may apply for an order under section 2 of this Act.”;
“(ab)
in the case of an application made by virtue of
subsection (1)(ba), means such financial provision as it would be reasonable in all the circumstances of the case for the surviving cohabitant to receive, whether or not that provision is required for his or her maintenance;”;
in
subsection (2)
(b)
, after “by virtue of subsection (1) above” insert
“or section
14B
below”.
In
section 2
of
the 1975 Act
(power of the court to make orders), after an order varying any settlement, including a settlement made made on two persons, one of whom was the made at any time when they were cohabitants, when
the variation being for the benefit of the surviving cohabitant,
or any relevant child.”
subsection (1)(g), insert—
“(ga)
by will—
(i)
deceased, who immediately before the deceased died
were cohabitants within the meaning of the
Cohabitation Rights Act 2026, and
(ii)
they were living together as a couple but before
becoming cohabitants within the meaning of that Act
or in anticipation of them living together as a couple,
In
section 3
of
the 1975 Act
(matters to which court is to have regard in Without prejudice to the generality of paragraph (g) of subsection the age of the applicant and the length of the period during the contribution (including any contribution made by looking any additional matter which, if the application were treated
exercising powers under s. 2), for subsection (2A) substitute—
“(2A)
(1) above, where an applicant for an order under section 2 of this
Act is made by virtue of section 1(1)(ba) of this Act, the court shall,
in addition to the matters specifically mentioned in paragraphs (a)
to (f) of that subsection, have regard to—
(a)
which the applicant and the deceased lived together as a
couple;
(b)
after the home or caring for any relevant child) which the
applicant made whilst the applicant and the deceased were
living together as a couple;
(c)
as if it had been made under
Part 2
of the Cohabitation
Rights Act 2026 (financial settlement orders), the court would
consider relevant in determining the application.”
“14B Provision as to cases where no financial settlement order was made
after cohabitants ceased living together as a couple(1)
Subsection (2) below applies where—
(a)
the cohabitants have ceased living together as a couple and,
within 24 months of ceasing to do so, one of them dies, and(b)
either—
(i)
no application for a financial settlement order has
been made under section 7 of the Cohabitation Rights Act 2026 or by one of the former cohabitants, or(ii)
if such an application has been made, the proceedings
on the application have not been determined at the time of death of the deceased.(2)
The former cohabitant who survives may apply to the court for an
order under section 2 of this Act on the ground that the disposition of the deceased’s estate by his or her will or the law relating to intestacy, or the combination of the will and that law, is not such as to make reasonable financial provision for the applicant.(3)
In subsection (2) “reasonable financial provision” means such
financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his or her maintenance.”
“15ZB Restriction on making an application under this Act imposed in
proceedings for a financial settlement order under section 8 of the Cohabitation Rights Act 2026(1)
On making a financial settlement order under section 8 of the
Cohabitation Rights Act 2026, or at any time after making such an order, the court, if it considers it just to do so, may, on the application of either of the former cohabitants, order that the other shall not on the death of the applicant be entitled to apply for an order under section 2 of this Act.(2)
In subsection (1) above “the court” has the same meaning as in the
Cohabitation Rights Act 2026.(3)
Where an order under subsection (1) above made in connection
with a financial settlement order has been made with respect to a former cohabitant, then, on the death of the other former cohabitant, the court shall not entertain any application for an order under section 2 of this Act made by the former cohabitant who survives.”
In
section 25
of
the 1975 Act
(interpretation), insert each of the following
definitions at the appropriate place—
““cohabitants” and “former cohabitants” have the same meaning as
in the Cohabitation Rights Act 2026;”;
““relevant child”, in relation to cohabitants in a relationship, has
the same meaning as in the Cohabitation Rights Act 2026;”.
In
this Part
of
this Schedule
“the 1976 Act” means the
Fatal Accidents Act
1976
.
In
section 1
of
the 1976 Act
(right of action for wrongful act causing death), any person who, immediately before the date of the death,
for subsection (3)(b) substitute—
“(b)
was a cohabitant (within the meaning of the Cohabitation
Rights Act 2026) in a relationship with the deceased;”.
In section 1A of the 1976 Act (bereavement)—
omit “and” at the end of paragraph (a) ;
“(aa)
of the person who, immediately before the date of
the death, was a cohabitant (within the meaning of the Cohabitation Rights Act 2026) in a relationship with the deceased; and”.
In section 3 of the 1976 Act (assessment of damages), omit subsection (4) .
Schedule 4 to the Civil Partnership Act 2004 is amended as follows.
In consequence of the amendments made by section 20 and paragraph 2 of this Schedule , omit paragraph 13 .
In consequence of the amendment made by
section 21
, omit
paragraph
15
(5)
.
A
bill
to
Provide certain protections for persons who live together or have lived together as a couple; to make provision about the property of deceased persons survived by a cohabitant; and for connected purposes.
Ordered to be Printed, .
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