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#ChooseToChallenge this International Women’s Day
Katie Newbury
The Cohabitation Rights Bill (the “Bill”) aims to establish a framework of rights and responsibilities and provide basic protections for cohabitees similar to those available to married couples.
What if you have chosen not to marry because you do not want the rights and responsibilities that come with being a spouse? What if you have deliberately sought to avoid the paperwork, the jewellery and the general fuss of divorce should you decide to separate? Fear not, there is a way out of this new proposed legislation. Legislators have rightly and protectively decided that the default position should be that couples are automatically opted in and so should you wish to exclude yourself from the framework of The Cohabitation Rights Bill you must expressly opt out of it. Although the Bill is currently at Committee Stage and not yet on the statute book, the proposed legislation gives cohabitees three ways to opt out as follows:
By entering into a…
Under the proposed legislation, the court may vary or revoke a cohabitation agreement or deed of trust “in such circumstances and to such extent as the court considers appropriate”. Although there are no formalities or requirements to be fulfilled in entering these latter two types of agreement, it may be wise to follow the formalities set out in respect of opt-out agreements to secure the best chance of the agreement being enforced and avoiding a variation or revocation by the court.
The Cohabitation Rights Bill is currently at the Committee Stage and is not yet law in force in England and Wales.
Further information
For further information on the Cohabitation Rights Bill please see our blog post: Is “move in with me” the new “marry me”? The Cohabitation Rights Bill.
If you have any questions about the issues raised in this blog, please contact a member of the family team.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Katie Newbury
Punam Sood
Cate Maguire
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