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Cohabitation (No. 2) Bill

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7th June 2009

Mary Creagh (Lab, Wakefield) introduced a Bill to extend rights to cohabitating couples.

She drew attention to the plight of one constituent who had been kicked out of her partner's home and, despite contributing to the upkeep of the home, found she had no rights.

There is no such thing as common law marriage and Creagh highlighted the reliance on the state which was costly and damaging.

She bemoaned the existence of 'illegitimate' children outside legal protection when their homes break down and warned about the child poverty consequences.

"Reform is long overdue" she said, highlighting that even the Church of England Synod had accepted that the problem needed to be addressed.

The Bill is based on the Law Commission’s report in 2007, and was matched by the Bill introduced by Lord Lester of Herne Hill in the Lords in the previous parliamentary session. Resolution backed the Bill.

Concluding the debate, Creagh mentioned general confusion about the legal position of co-habitants, before stressing that her Bill did not cheapen marriage.

It did not create new rights for cohabiting couples, but merely created a legal framework "which can be used when a co-habiting relationship breaks down".

The Bill was presented and ordered to be read a second time on July 3 2009.

Progress

House of Commons

First reading: March 25 2009

Second reading: July 3 2009

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