Cohabiting couples will gain protection from unjust enrichment – where one person benefits financially as a result of their partner’s work – under the latest Bill of the cohabitation law presented in Parliament yesterday.

Civil liberties minister Helena Dalli said today the change had been introduced after public consultation on the bill, to protect against situations where one person’s work in the home had enabled the other to advance in their career, only to be left with nothing when the relationship ended.

Under the proposed cohabitation law, which is likely to be debated in Parliament before the end of the year, unmarried couples who have lived together for at least two years will automatically be granted next of kin rights in hospital situations, the right not to testify against their partner in court, and the right to continue living in their home if their partner passes away.

Moreover, a more extensive set of rights is also available for couples who choose to have their relationship officially recognised. Couples can go before a notary to draw up a cohabitation contract including maintenance, child custody agreements, rental and employment rights similar to those of married couples, social services and pensions.

Dr Dalli said couples would be able to select which rights and obligations to be bound by, allowing them to create an agreement suited to their particular relationship.

The law will also include a “unilateral” option for situations where one partner refuses to enter into an agreement. In this case, certain basic rights will automatically apply once a unilateral declaration is made, including the right to financial assistance, the right to remain in their home for a reasonable time after a split, and an obligation with regard to utility bills.

Dr Dalli admitted that the unilateral approach was not “ideal”, and the option will only remain in place for five years once the law comes into force to allow society time to fully understand the new system.

The new law applies equally to same-sex and opposite-sex couples, but relatives and friends living in the same home are specifically excluded.

Once in a cohabiting relationship, partners will no longer be considered single and will not be free to marry or enter into a formal cohabiting relationship with another person.

Questions have been raised over how a de facto cohabiting couple with no legal agreement can prove their relationship in a next-of-kin or medical emergency situation.

The ministry has said such couples would be required to show proof of residence or even photo to establish their relationship, as a formalised approach would detract from the rights of couples who specifically do not wish to have their marriage recognised by the state. 

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