Part 1 Introductory

1 Overview

(1) This Act establishes a framework of rights and responsibilities for cohabitants
5with a view to providing basic protections—

(a) in the event of their ceasing to live together as a couple for a reason
other than death,

(b) in the event of the death of one of them, and

(c) for the purpose of enabling the life of either of them to be insured by or
10for the benefit of the other or for the benefit of a relevant child.

(2) The protections under this Act apply to “cohabitants” (within the meaning of
section 2) and “former cohabitants” (within the meaning of section 3).

2 “Cohabitant”

(1) For the purposes of this Act, references to the cohabitants in a relationship are
15to any two people (whether of the same sex or the opposite sex) who—

(a) live together as a couple, and

(b) meet the first and second conditions specified in subsections (2) and (3).

(2) The first condition is that any of the following apply to the two people (“A” and
“B”) who live together as a couple—

(a) A and B are each treated in law as being mother, father or parent of the
same minor child,

(b) a joint residence order in favour of A and B is in force in respect of a
minor child,

(c) 5A 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), or

(d) A and B have lived together as a couple for a continuous period of three
years or more.

(3) 10The second condition is that A and B—

(a) are neither married to each other nor civil partners of each other, and

(b) are not within prohibited degrees of relationship in relation to each
other.

(4) For the purposes of subsection (2)(d), in determining the length of the
15continuous period during which two people have lived together as a couple—

(a) any period of the relationship that fell before the commencement date
is to be taken into account, but

(b) 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.

(5) 20The prohibited degrees of relationship which are referred to in subsection
(3)(b) are set out in section 5.

3 “Former cohabitant”

Any reference in this Act to “former cohabitants”—

(a) is to any two people who were cohabitants in a relationship but who
25have ceased living together as a couple, and

(b) is to be taken—

(i) 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

(ii) 30as not including any two people who have subsequently
married or become civil partners of each other.

4 “Relevant child”

(1) Any reference in this Act to a “relevant child”—

(a) in relation to cohabitants in a relationship, is to any minor child in
35respect of whom—

(i) each of the cohabitants is treated in law as being mother, father
or parent, or

(ii) a joint residence order in favour of both cohabitants is in force;

(b) in relation to former cohabitants in a relationship, is to any minor child
40in respect of whom—

(i) each of the former cohabitants is treated in law as being mother,
father or parent, or

(ii) a joint residence order in favour of the former cohabitants was
in force during the period when the former cohabitants were
45living together as a couple.

(2) “Relevant children” is to be read in accordance with subsection (1).

5 The prohibited degrees of relationship

(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
5uncle.

(2) In subsection (1) references to relationships—

(a) 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

(b) 10include the relationship of a child with his adoptive, or former
adoptive, parents,

but do not include any other adoptive relationships.

(3) 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
15the other—

• Child of former civil partner

• Child of former spouse

• Former civil partner of grandparent

• Former spouse of grandparent

• 20Former civil partner of parent

• Former spouse of parent

• Grandchild of former civil partner

• Grandchild of former spouse.

(4) But subsection (3) does not apply where—

(a) 25A and B have both reached 21 when they start living together, and

(b) the younger (“A”) has not at any time before reaching 18—

(i) lived in the same household as B, in circumstances where B was
then in a relationship with a third person (“C”), and

(ii) been treated by B as a child of B’s relationship with C.

30Part 2 Financial settlement orders

Application

6 Application of Part 2

(1) This Part has effect to determine the financial rights and obligations of former
35cohabitants.

(2) This Part does not apply to former cohabitants—

(a) where the former cohabitants have ceased living together as a couple
before the commencement date;

(b) to the extent specified in an opt-out agreement in force between former
40cohabitants which is made in accordance with section 12 and which
was entered into on or after the commencement date; or

(c) 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.

(3) 5But, in relation to subsection (2)—

(a) paragraph (b) is subject to any variation or revocation of an opt-out
agreement which is made by the parties under section 13 or by the court
under section 14, and

(b) paragraph (c) is subject to any variation or revocation of a cohabitation
10agreement or deed of trust which is made by the court under section 15.

(4) 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).

Financial settlement orders

7 Application to court for a financial settlement order

(1) 15A former cohabitant may apply to the court for an order under section 8 (“a
financial settlement order”).

(2) On an application under this section, the court must inquire, so far as it
reasonably can, into—

(a) the facts alleged by the former cohabitant who made the application
20(“the applicant”), and

(b) the facts alleged by the other former cohabitant (“the respondent”).

(3) No application may be made under this section unless—

(a) the application is made before the end of the period of 24 months
starting with the date on which the former cohabitants ceased living
25together as a couple, or

(b) the former cohabitant who proposes to make the application satisfies
the court that exceptional circumstances would justify a late
application being made.

(4) No person may make more than one application under this section in relation
30to 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.

8 Power of the court to make a financial settlement order

(1) 35The court may make a financial settlement order if—

(a) the court is satisfied that the applicant and the respondent have ceased
living together as a couple,

(b) the court is satisfied either—

(i) that the respondent has retained a benefit; or

(ii) 40that the applicant has an economic disadvantage,

as a result of qualifying contributions the applicant has made, and

(c) having regard to the discretionary factors, the court considers that it is
just and equitable to make an order.

(2) For the purpose of subsection (1)—

(a) 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
5in the form of capital assets of any kind, income, whether actual or
potential, or earning capacity;

(b) 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
10be sustained by the applicant following its breakdown;

(c) 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
15applicant following its breakdown;

(d) the “discretionary factors” are the factors listed in section 9.

(3) 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
209.

(4) 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
25to do so, having regard to the discretionary factors listed in section 9.

9 Discretionary factors to be considered in determining an application

(1) 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—

(a) 30the welfare while a minor, of any child of both parties who has not
attained the age of eighteen;

(b) 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
35to either party or the eligibility of either party for a pension, allowance
or benefit);

(c) the financial needs and obligations which each of the parties has, or is
likely to have in the foreseeable future;

(d) the welfare of any children who live with or might reasonably be
40expected to live with either party;

(e) the conduct of each party if, but only if, it is of such a nature that it
would be inequitable to disregard it;

(f) the circumstances in which the applicant made any qualifying
contribution, in particular if the respondent shows that the applicant
45made such contribution despite the respondent’s express disagreement
that it should be made.

(2) In having regard to the discretionary factors mentioned in subsection (1), first
consideration shall be given to the factor mentioned in subsection (1)(a).

10 Financial settlement orders

(1) 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—

(a) payment of a lump sum (including payment by instalments, secured
5lump sums, lump sums paid by way of pension attachment and interim
payments);

(b) transfer of property;

(c) property settlements;

(d) sale of property;

(e) 10pension sharing.

(2) 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 (c. 63), if it considers it just to do so.

11 15Provision supplementary to section 10

Schedule 1 to this Act makes further provision supplementing section 10 and
this section, including provision—

(a) for the purpose of securing compliance with any order made by the
court in connection with such an application, and

(b) 20for the making of consent orders.

Opt-out agreements

12 Agreeing to opt out of financial settlement orders

(1) This section has effect for the purposes of section 6(2)(b).

(2) An opt-out agreement is an agreement between two people which complies
25with the requirements of the following provisions of this section.

(3) An opt-out agreement may be entered into on or after the commencement date.

(4) A person may not enter into an opt-out agreement unless he or she has attained
the age of 16 years.

(5) Any opt-out agreement entered into in contravention of subsection (4) is void.

(6) 30An 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—

(a) has separately received legal advice from a qualified practitioner as to
the effect of the opt-out agreement and understands its effect,

(b) agrees that a financial settlement order should not be available in the
35event that A and B cease living together as a couple, and

(c) specifies that the statement in paragraph (b) is to apply either—

(i) in all circumstances, or

(ii) only to such extent, or in such circumstances, as may be
specified in the agreement (for example, only in relation to any
40one or more specified parts of A’s or B’s financial affairs or
assets).

(7) An opt-out agreement must—

(a) be in writing,

(b) be signed and dated by A and by B, and

(c) in respect of each of A and B, be accompanied by a certificate by a
qualified practitioner that the practitioner has given legal advice—

(i) 5as to the terms and effect of the proposed opt-out agreement,
and

(ii) 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.

(8) 10Each signature by A and B under subsection (7)(b) must be witnessed by at
least one person.

(9) An opt-out agreement which is made in the prescribed form is to be taken to
comply with the requirements of this section.

(10) In this section—

• 15“prescribed” means prescribed by regulations made by the Lord
  Chancellor;

• “qualified practitioner” means a solicitor or barrister qualified in England
  and Wales.

13 Variation or revocation by the parties of opt-out agreements

(1) 20Where 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.

(2) The requirements of section 12(6)(a), (7) and (8) apply to varying or revoking
an opt-out agreement as those requirements apply to entering into such an
25agreement.

(3) 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.

14 Variation or revocation by the court of opt-out agreements

(1) Where A and B have entered into an opt-out agreement in accordance with
30section 12, either of them may apply to the court for an order under subsection
(2), where one of them makes an application for a financial settlement order.

(2) 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—

(a) 35the circumstances in which the agreement was entered into or varied,
or

(b) any change in the circumstances of either party which was unforeseen
at the time the agreement was entered into or varied.

Cohabitation agreements or deeds of trust

15 Variation or revocation by the court of cohabitation agreements or deeds of
trust

(1) Where one of the parties to a cohabitation agreement or deed of trust referred
5to in section 6(2)(c) makes an application for a financial settlement order, either
party may apply to the court for an order under subsection (2).

(2) The court may vary or revoke the agreement or deed in such circumstances and
to such extent as the court considers appropriate.

Part 3 10Provisions connected with insurance and with the death and intestacy of
cohabitants

Insurance

16 Insurable interest in the life of the other cohabitant

(1) Each cohabitant in a relationship is to be presumed for the purposes of section
151 of the Life Assurance Act 1774 (c. 48) (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.

(2) For the purposes of section 3 of that Act, there is no limit on the amount of
value of the interest.

17 20Assurance policy for benefit of other cohabitant

Section 11 of the Married Women’s Property Act 1882 (c. 75) (money payable
under policy of assurance not to form part of the estate of the insured) applies
in relation to a policy of assurance—

(a) effected by a cohabitant in a relationship (“A”) on A’s own life, and

(b) 25expressed to be for the benefit—

(i) of the other cohabitant (“B”),

(ii) of any child of A and B, or

(iii) 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
30expressed to be for the benefit of his wife, or of his children, or of his wife and
children, or of any of them.

Registration of death

18 Registering the death of a cohabitant

(1) Subsection (2) applies in any case where a person (“B”) dies and, immediately
35before B’s death, B was a cohabitant in a relationship with another person
(“A”).

(2) For the purposes of Part 2 of the Births and Deaths Registration Act 1953 (c. 20)
(registration of deaths)—

(a) A is to be treated as if A were a relative of B, and

(b) A must provide information about B’s death in accordance with the
provisions of Part 2 of that Act.

Intestacy of cohabitant

19 5Succession to estate on intestacy

(1) Section 46 of the Administration of Estates Act 1925 (c. 23) (succession to real
and personal estate on intestacy) is amended as follows.

(2) In subsection (1)(i) (cases where the intestate leaves a spouse or civil partner)—

(a) in the words before the Table, for “or civil partner,” substitute “, civil
10partner or qualifying cohabitant,”, and

(b) in the Table—

(i) for “the surviving spouse or civil partner”, where first
occurring, substitute “the surviving spouse, civil partner or
qualifying cohabitant (“the survivor”)”, and

(ii) 15for each subsequent occurrence of “the surviving spouse or civil
partner” substitute “the survivor”.

(3) 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”.

(4) 20After subsection (2A) insert—

“(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.”

(5) 25After subsection (4) insert—

“(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
30cohabitant in a relationship with the intestate within the
meaning of section 2 of the Cohabitation Rights Act 2016.”

20 Intestacy: rights as respects the home

(1) Schedule 2 to the Intestates’ Estates Act 1952 (c. 64) (rights of surviving spouse
or civil partner as respects the matrimonial or civil partnership home) is
35amended as follows.

(2) Before paragraph 1 there is inserted—

“A1 (1) This Schedule applies where a person dies intestate and leaves a
spouse, civil partner or qualifying cohabitant.

(2) In this Schedule—

• 40“qualifying cohabitant” has the meaning given by section
  46(4A) of the principal Act;

Cohabitation Rights BillPage 10

• “the survivor” means the surviving spouse, civil partner or
  qualifying cohabitant.”

(3) In paragraphs 1 to 6, for “the surviving spouse or civil partner” (in each place)
there is substituted “the survivor”.

(4) 5In paragraph 6(2) for “a surviving spouse or civil partner” there is substituted
“a surviving spouse, civil partner or qualifying cohabitant”.

(5) For the title there is substituted—

“Rights of surviving spouse, civil partner or qualifying cohabitant as
respects the home”.

10Financial provisions for cohabitant from deceased’s estate

21 Application for financial provision from deceased’s estate

In section 1 of the Inheritance (Provision for Family and Dependants) Act 1975
(c. 63)Inheritance (Provision for Family and Dependants) Act 1975
(c. 63) for subsections (1A) and (1B) (certain persons entitled to apply for
provision) there is substituted—

“(1A) 15This subsection applies to any person who was immediately before the
death of the deceased a cohabitant in a relationship with the deceased
within the meaning of section 2 of the Cohabitation Rights Act 2016.”

22 Further provision in connection with the death of a cohabitant

(1) Schedule 2 to this Act contains additional provision—

(a) 20to align with this Act certain existing statutory protections that are
available to a surviving cohabitant on the death of the other cohabitant,
and

(b) to extend to the surviving cohabitant certain connected provisions.

(2) Part 1 of Schedule 2—

(a) 25amends the Inheritance (Provision for Family and Dependants) Act
1975Inheritance (Provision for Family and Dependants) Act
1975, and

(b) 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.

(3) 30Part 2 of Schedule 2—

(a) amends the Fatal Accidents Act 1976 (c. 30)Fatal Accidents Act 1976 (c. 30), and

(b) includes provision for the court to consider a claim for bereavement
damages which is made by a surviving cohabitant.

Part 4 35Miscellaneous and general

23 General interpretation

In this Act, except where the context otherwise requires—

• “the applicant” and “the respondent”, in relation to an application for a
  40financial settlement order, have the meaning given in section 7(2);

Cohabitation Rights BillPage 11

• “cohabitant” has the meaning given in section 2;

• “the court” has the meaning given in section 24;

• “the commencement date”, in relation to any provision of this Act, means
  the date of the coming into force of that provision;

• 5“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
  (c. 41).

24 10Jurisdiction of the courts

(1) For the purposes of this Act, the court means—

(a) the High Court, or

(b) where a county court has jurisdiction by virtue of an order made under
this section, a county court.

(2) 15The Lord Chancellor may by regulations specify proceedings under this Act
which may only be commenced in—

(a) a specified level of court,

(b) a court which falls within a specified class of court, or

(c) a particular court determined in accordance with, or specified in, the
20order.

(3) The Lord Chancellor may by regulations specify circumstances in which
specified proceedings under this Act may only be commenced in—

(a) a specified level of court,

(b) a court which falls within a specified class of court, or

(c) 25a particular court determined in accordance with, or specified in the
order.

(4) For the purposes of subsections (2) and (3), the levels of the court are—

(a) the High Court, and

(b) a county court.

25 30Power to make transitional and consequential provisions

(1) The Lord Chancellor may by regulations make—

(a) any incidental, consequential or supplemental provision, and

(b) any transitional or saving provision,

that the Lord Chancellor considers necessary or expedient for the purposes of,
35in consequence of, or for giving full effect to, any provision of this Act.

(2) The power under this section is not restricted by any other provision of this
Act.

(3) Regulations under this section may amend, repeal or revoke any provision
of—

(a) 40an Act passed before or in the same session as this Act, or

(b) subordinate legislation made before the passing of this Act.

(4) In this section “subordinate legislation” has the same meaning as in the
Interpretation Act 1978 (c. 30).

26 Regulations and orders

(1) Regulations made under this Act are to be made by statutory instrument.

(2) Any statutory instrument made under this Act may—

(a) make different provision for different cases,

(b) 5contain such incidental, consequential, transitional or supplemental
provision as the Lord Chancellor considers appropriate.

(3) No regulations are to be made under—

(a) section 25(3), or

(b) paragraph 13 of Schedule 1 to this Act,

10unless a draft of the regulations has been laid before, and approved by a
resolution of, each House of Parliament.

(4) Any other such statutory instrument made under this Act is subject to
annulment in pursuance of a resolution of either House of Parliament.

27 Extent

15This Act extends to England and Wales only.

28 Application

Part 3 of this Act applies only in relation to deaths occurring after the coming
into force of this Act (apart from this section).

29 Commencement

(1) 20The following provisions of this Act come into force on the passing of this
Act—

(a) this Part,

(b) sections 12 and 13, and

(c) any other provision of this Act so far as is necessary for enabling the
25exercise on or after the day on which this Act is passed of any power to
make regulations that is conferred by the provision.

(2) The other provisions of this Act come into force in accordance with provision
made by order by the Lord Chancellor.

(3) Regulations under subsection (2) may appoint different days for different
30purposes.

30 Short title

This Act may be cited as the Cohabitation Rights Act 2016.

SCHEDULES

Section 10

SCHEDULE 1 Financial settlement on ceasing to live together

Part 1 5Financial settlement orders

Introductory

1 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.

2 If the court decides to grant an application for a financial settlement order it
10may require either the applicant or the respondent to take such of the steps
set out in paragraphs 3 to 6 as may be specified in the order.

Orders requiring lump sums

3 (1) 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
15as may be specified.

(2) Where a financial settlement order requires the payment of a lump sum, the
order may—

(a) provide for payment of the sum by instalments of a specified
amount, and

(b) 20require 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).

(3) If the court —

(a) 25makes a financial settlement order requiring the payment of a lump
sum, and

(b) directs that—

(i) payment of the sum or any part of it is to be deferred, or

(ii) the sum or any part of it is to be paid by instalments,

30the 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.

(4) A date specified under sub-paragraph (3) must not be earlier than the date
of the financial settlement order.

Orders requiring adjustments to property

4 (1) In a financial settlement order, the court may require—

(a) that the applicant or the respondent must transfer specified property
to which he or she is entitled to the other of them;

(b) 5that 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;

(c) that a relevant settlement be varied for the benefit of the applicant or
the respondent, or both of them;

(d) 10that the interest of either the applicant or the respondent under a
relevant settlement be extinguished or reduced.

(2) In sub-paragraph (1)—

• “entitled” means entitled in possession or reversion;

• “relevant settlement”, in relation to the applicant and the respondent
  15means a settlement made on them whilst they were living together
  as a couple or in anticipation of them living together as a couple,
  and—

  (a)

  it includes a settlement made by will or codicil, but

  (b)

  it does not include a settlement in the form of a pension
  20arrangement (within the meaning of paragraph 6(3)(d)).

Orders requiring sale of property

5 (1) This paragraph applies in any case where the court proposes to include in a
financial settlement order a requirement under—

(a) paragraph 3(1) to make a lump sum payment, or

(b) 25paragraph 4(1) to make an adjustment to property.

(2) 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.

(3) 30Where—

(a) the court is considering whether to require the sale of a property, and

(b) 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
35to the proposed sale and, in determining whether to require the sale, it must
have regard to any representations made by C.

(4) Any financial settlement order requiring a sale of property may contain such
consequential or supplementary provisions as the court considers
appropriate.

(5) 40Such provision may, in particular—

(a) require the making of a payment out of the proceeds of sale of the
property to which the financial settlement order relates, and

(b) require any property to which the order relates to be offered for sale
to a specified person, or class of persons.

Orders requiring pension sharing

6 (1) In a financial settlement order, the court may require that the applicant or
the respondent’s—

(a) shareable rights under a specified pension arrangement, or

(b) 5shareable 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.

(2) If a pension sharing order relates to rights under a pension arrangement, the
10court 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).

(3) In this paragraph—

(a) “the 1999 Act” means the Welfare Reform and Pensions Act 1999
15(c. 30);

(b) 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;

(c) references to shareable state scheme rights are to rights in relation to
20which pension sharing is available under Chapter 2 of Part 4 of the
1999 Act; and

(d) “pension arrangement” means any of the following—

(i) an occupational pension scheme,

(ii) a personal pension scheme,

(iii) 25a retirement annuity contract,

(iv) 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, and

(v) an annuity purchased, or entered into, for the purpose of
30discharging liability in respect of a pension credit under
section 29(1)(b) of the 1999 Act.

(4) In sub-paragraph (3)(d)—

• “personal pension scheme” and “occupational pension scheme” have
  the same meaning as in the Pension Schemes Act 1993 (c. 48);

• 35“retirement annuity contract” means a contract or scheme approved
  under Chapter 3 of Part 14 of the Income and Corporation Taxes Act
  1988 (c. 1).

Consent orders

Making a consent order

7 40Regardless 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.

Interpretation

8 (1) 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;

• 5“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.

(2) For these purposes, “financial arrangements” means provisions governing
the rights and liabilities towards one another, once former cohabitants have
10ceased living together as a couple in respect of—

(a) the making or securing of payments, or

(b) the disposition or use of any property.

Validity of relevant agreements

9 (1) If a relevant agreement includes a provision purporting to restrict any right
15to apply to a court for an order containing financial arrangements—

(a) that provision is void, but

(b) any other financial arrangements contained in the relevant
agreement—

(i) are not void or unenforceable as a result, and