Civil Partnership Act 2004 (Amendment) Bill

Pauline Latham Excerpts

2nd reading: House of Commons
Friday 13th January 2017 Commons Chamber

[Tim Loughton]

Absolutely not. At the time, my proposal, which I set out in an amendment, was the policy of the Labour party and the Liberal Democrats, and supported by a good many Conservative Members, but for various reasons people voted against it. The logic is that of course we would want to address this inequality.

There are also various practical reasons for doing this. Particularly worrying is the common misconception that there is such a thing as a common-law wife or common-law husband, as a woman typically finds out abruptly on the death of a partner when there is an inheritance tax bill on the estate and potentially on the family home.

[Pauline Latham (Mid Derbyshire) (Con)]

Does my hon. Friend think that if people realised that there was no such thing as a common-law wife or husband, they would opt for this to give them the protection in law that they do not have currently so that they would not lose their home?

[Tim Loughton]

That is a very practical advantage of this Bill. There is a great deal of ignorance among constituents who think that they have these protections.

If a woman has a child with her partner and the relationship breaks down, she is not entitled to any automatic form of financial support if they are not married, and there is no automatic entitlement to property even if she had been paying into the mortgage. Surely couples should not be forced to choose between having no legal protection or entering into an institution that is not right for them.