Part 3 continued    

• “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.”

(3)5In paragraphs 1 to 6, for “the surviving spouse or civil partner” (in each place)
substitute “the survivor”.

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

(5)For the title substitute—

“Rights of surviving spouse, civil partner or qualifying cohabitant as
10respects the home”.

Financial 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
for subsections (1A) and (1B) (application for financial provision from
15deceased’s estate) there is substituted—

“(1A) This 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 2017
(“cohabitant”).”

22 20Further provision in connection with the death of a cohabitant

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

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

(b)25to extend to the surviving cohabitant certain connected provisions.

(2)Part 1 of Schedule 2—

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

(b)includes provision setting out circumstances in which a former
30cohabitant who receives no reasonable financial provision from the
deceased’s estate may apply to the court.

(3)Part 2 of Schedule 2—

(a) amends the Fatal Accidents Act 1976, and

(b) includes provision for the court to consider a claim for bereavement
35damages which is made by a surviving cohabitant.

Part 4 Miscellaneous and general

23 General interpretation

In this Act, except where the context otherwise requires—

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

• “child arrangements order” has the same meaning as in the Children and
  Families Act 2014;

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

• 10“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.

24 15 Jurisdiction 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 regulations made
under this section, a county court.

(2)20The 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
25regulations.

(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)30 a particular court determined in accordance with, or specified in the
regulations.

(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 35Power 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,
40in 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)5an 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.

26 Regulations and orders

(1)10 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)contain such incidental, consequential, transitional or supplemental
provision as the Lord Chancellor considers appropriate.

(3)15 No regulations are to be made under—

(a)section 25(3), or

(b)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.

(4)20 Any other statutory instrument made under this Act is subject to annulment in
pursuance of a resolution of either House of Parliament.

27 Extent

This Act extends to England and Wales only.

28 Application

25Part 3 of this Act applies only in relation to deaths occurring after the coming
into force of this Part of this Act.

29 Commencement

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

(a)30this Part and

(b)sections 12, 13 and 14.

(2)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.

(3) Regulations under subsection (2) may appoint different days for different
35purposes.

30 Short title

This Act may be cited as the Cohabitation Rights Act 2020.

SCHEDULES

Section 11

Schedule 1 Financial settlement on ceasing to live together

Part 1 5Financial settlement orders

Introductory

1In 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.

2If 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)20 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).

(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)5 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;

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

(d)10 that 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)25 paragraph 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)5 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.

(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;

(b)15references 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
which pension sharing is available under Chapter 2 of Part 4 of the
201999 Act; and

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

(i) an occupational pension scheme;

(ii) a personal pension scheme;

(iii) a retirement annuity contract;

(iv)25 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
discharging liability in respect of a pension credit under
30section 29(1)(b) of the 1999 Act (creation of pension debits
and credits).

(4)In sub-paragraph (3)(d)—

• “personal pension scheme” and “occupational pension scheme” have
  the same meaning as in the Pension Schemes Act 1993;

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

Part 2 Consent orders

40Making a consent order

7Regardless 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
45with 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

(ii)20unless 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).

(2)Nothing in sub-paragraph (1)(a) affects the validity of any opt-out
agreement entered into in accordance with section 12.

25Saving

10Nothing in this Part of this Schedule affects—

(a) 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
30containing financial arrangements, or

(b) any right of either party to apply for such an order in such
proceedings.

Part 3 Miscellaneous

35Avoidance of transactions intended to prevent or reduce financial relief

11(1)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.

(2)If the court is satisfied, on an application by A, that B is, with the intention
40of defeating A’s claim for financial relief, about to—

(a)make any disposition, or

(b) 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.

(3)If the court is satisfied, on an application by A—

(a)that B has, with the intention of defeating A’s claim for financial
5relief, made a reviewable disposition, and

(b) 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.

(4)If the court is satisfied, on an application by A in a case where a financial
10settlement 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.

(5)An application for the purposes of sub-paragraph (3) must be made in the
proceedings for the financial relief in question.

(6)15If the court makes an order under sub-paragraph (3) or (4) setting aside a
disposition, it must give such consequential directions as it thinks
appropriate for giving effect to the order (including directions requiring the
making of any payments or the disposal of any property).

Provision supplementary to paragraph 11

12(1)20 Any reference in paragraph 11 to defeating A’s claim for financial relief is
to—

(a)preventing financial relief from being granted to A;

(b) reducing the amount of any financial relief which might be so
granted; or

(c)25 frustrating or impeding the enforcement of any financial settlement
order which might be or has been made at A’s instance.

(2)In paragraph 11 and this paragraph “disposition”—

(a)does not include any provision contained in a will or codicil, but

(b)subject to paragraph (a), includes any conveyance, assurance or gift
30of property of any description (whether made by an instrument or
otherwise).

(3)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—

(a)35 for valuable consideration (other than marriage), and

(b)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.

(4)If an application is made under paragraph 11 with respect to a disposition
40which 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—

(a)(a)in a case falling within paragraph 11(2) or (3), that the disposition or
other dealing would (apart from paragraph 11) have the
45consequence of defeating A’s claim for financial relief, or

(b) in a case falling within paragraph 11(4), that the disposition has had
the consequence of defeating A’s claim for financial relief,

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
5may be, is about to do so, with the intention of defeating A’s claim for
financial relief.

Power to make consequential and supplemental provision

13(1)The Lord Chancellor may by regulations make such further provision as the
Lord Chancellor considers appropriate for the purposes of, in consequence
10of, or for giving full effect to sections 10 and 11 and this Schedule.

(2)Regulations under sub-paragraph (1) may include provision for or in
connection with, in particular—

(a) the making of financial settlement orders having regard to pension
benefits;

(b)15the 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);

(c)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
20Schedule.

Section 22

Schedule 2 Amendments: financial provision on a cohabitant’s death

Part 1 Amendments of Administration of Estates Act 1925

1(1)25The Administration of Estates Act 1925 is amended as follows.

(2)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”.

(3)In section 55(1) (definitions), after paragraph (xviii) insert—

“(xviiia)30“qualifying cohabitant” has the meaning given by
section 46(4A)”.

Part 2 Amendments of Intestates’ Estates Act 1952

2In the Intestates’ Estates Act 1952, for section 5 (rights of surviving spouse
35or civil partner as respects the matrimonial home) substitute—

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

The Second Schedule to this Act (rights of surviving spouse, civil
partner or qualifying cohabitant as respects the home) has effect.”

Part 3 Amendments of Inheritance (Provision for Family and Dependants) Act 1975

3In this Part of this Schedule “the 1975 Act” means the Inheritance (Provision
for Family and Dependants) Act 1975.

45In section 1 of the 1975 Act (application for financial provision from the
deceased’s estate)—

(a)in subsection (1)(ba) omit “or 1B”;

(b) for subsection (1A) substitute—

“(1A)This subsection applies to a person if immediately before the
10deceased died, the person and the deceased were cohabitants
within the meaning of the Cohabitation Rights Act 2017.”;

(c) for subsection (1B) substitute—

“(1B)Section 14B of this Act sets out the circumstances in which a
former cohabitant may apply for an order under section 2 of
15this Act.”;

(d) after subsection (2)(aa) insert—

“(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
20case for the surviving cohabitant to receive, whether
or not that provision is required for his or her
maintenance;”; and”

(e)in subsection (2)(b), after “by virtue of subsection (1) above” insert
“or section 14B below”.

525In section 2 of the 1975 Act (power of the court to make orders), after
subsection (1)(g), insert—

“(ga) an order varying any settlement, including a settlement made
by will—

(i) made on two persons, one of whom was the deceased,
30who immediately before the deceased died were
cohabitants within the meaning of the Cohabitation
Rights Act 2017, and

(ii) made at any time when they were cohabitants, when
they were living together as a couple but before
35becoming cohabitants within the meaning of that Act
or in anticipation of them living together as a couple,

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

6In section 3 of the 1975 Act (matters to which court is to have regard in
40exercising powers under s. 2), for subsection (2A) substitute—

“(2A)Without prejudice to the generality of paragraph (g) of subsection (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)
45of that subsection, have regard to—