Cohabitation Rights Bill [HL] (HL Bill 97)

continued    Part 3 continued    

(a) the age of the applicant and the length of the period during
which the applicant and the deceased lived together as a
couple;

(b) the contribution (including any contribution made by
5looking 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)any additional matter which, if the application were treated
as if it had been made under Part 2 of the Cohabitation Rights
10Act 2017 (financial settlement orders), the court would
consider relevant in determining the application.”

7After 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)15Subsection (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
20been made under section 7 of the Cohabitation Rights
Act 2017 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)25The 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)30In 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.”

8After section 15ZA of the 1975 Act insert—

“15ZB Restriction on making an application under this Act imposed in
35proceedings for a financial settlement order under section 8 of the
Cohabitation Rights Act 2017

(1)On making a financial settlement order under section 8 of the
Cohabitation Rights Act 2017, or at any time after making such an
order, the court, if it considers it just to do so, may, on the application
40of 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 2017.

(3)45Where 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.”

9In section 25 of the 1975 Act (interpretation), insert each of the following
definitions at the appropriate place—

(a)5““cohabitants” and “former cohabitants” have the same meaning as
in the Cohabitation Rights Act 2017;”;

(b)““relevant child”, in relation to cohabitants in a relationship, has the
same meaning as in the Cohabitation Rights Act 2017;”.

Part 4 10Amendments of Fatal Accidents Act 1976

10In this Part of this Schedule “the 1976 Act” means the Fatal Accidents Act
1976.

11In section 1 of the 1976 Act (right of action for wrongful act causing death),
for subsection (3)(b) substitute—

“(b)15any person who, immediately before the date of the death,
was a cohabitant (within the meaning of the Cohabitation
Rights Act 2017) in a relationship with the deceased;”.

12In section 1A of the 1976 Act (bereavement)—

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

(b)20after 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 2017) in a relationship with
the deceased; and”.

1325In section 3 of the 1976 Act (assessment of damages), omit subsection (4).

Part 5 Amendments of Civil Partnership Act 2004

14(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
30this Schedule, omit paragraph 13.

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