Cohabitation Rights Bill (HL Bill 47)

Cohabitation Rights BillPage 20

(ii) made at any time when they were cohabitants, when
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,

5the variation being for the benefit of the surviving cohabitant,
or any relevant child.”

7 In section 3 of the 1975 Act (matters to which the court is to have regard in
exercising powers under section 2), for subsection (2A) substitute—

(2A) Without prejudice to the generality of paragraph (g) of subsection (1)
10above, 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) the age of the applicant and the length of the period during
15which the applicant and the deceased lived together as a
couple;

(b) the contribution (including any contribution made by
looking after the home or caring for any relevant child) which
the applicant made whilst the applicant and the deceased
20were living together as a couple;

(c) any additional matter which, if the application were treated
as if it had been made under Part 2 of the Cohabitation Rights
Act 2016 (financial settlement orders), the court would
consider relevant in determining the application.”

8 25After section 14A of the 1975 Act insert—

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,
30within twenty four 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
35Act 2016 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
40order 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
45financial provision as it would be reasonable in all the circumstances
of the case for the applicant to receive for his or her maintenance.”

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9 After section 15ZA of the 1975 Act insert—

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 2016

(1) 5On making a financial settlement order under section 8 of the
Cohabitation Rights Act 2016, 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
10section 2 of this Act.

(2) In subsection (1) above “the court” has the same meaning as in the
Cohabitation Rights Act 2016.

(3) Where an order under subsection (1) above made in connection with
a financial settlement order has been made with respect to a former
15cohabitant, 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.”

10 In section 25 of the 1975 Act (interpretation), insert each of the following
definitions at the appropriate place—

(a) 20““cohabitants” and “former cohabitants” have the same meaning as
in the Cohabitation Rights Act 2016;”;

(b) ““relevant child”, in relation to cohabitants in a relationship, has the
same meaning as in the Cohabitation Rights Act 2016;”.

Part 5 25Amendments of Fatal Accidents Act 1976

11 In this Part of this Schedule “the 1976 Act” means the Fatal Accidents Act
1976 (c. 30).

12 In section 1 of the 1976 Act (right of action for wrongful act causing death),
for subsection (3)(b) substitute—

(b) 30any person who, immediately before the date of the death,
was a cohabitant (within the meaning of the Cohabitation
Rights Act 2016) in a relationship with the deceased;”.

13 In section 1A of the 1976 Act (persons for whose benefit claims for
bereavement damages may be made)—

(a) 35omit “and” at the end of paragraph (a);

(b) after paragraph (a) insert—

(aa) of the person who, immediately before the date of the
death, was a cohabitant (within the meaning of the
Cohabitation Rights Act 2016) in a relationship with
40the deceased; and”.

14 In section 3 of the 1976 Act (assessment of damages), omit subsection (4).

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Part 6 Amendments of Law Reform (Succession) Act 1995

15 In consequence of the amendment made by section 21, omit section 2(3) of
the Law Reform (Succession) Act 1995.

5Part 7 Amendments of Civil Partnership Act 2004

16 (1) Schedule 4 to the Civil Partnership Act 2004 is amended as follows.

(2) In consequence of the amendments made by section 20 and paragraph 2 of
this Schedule, omit paragraph 13.

(3) 10In consequence of the amendment made by section 21, omit paragraph 15(5).