The civil rights ministry has opened a public consultation on a Bill that would provide basic protections to cohabiting couples.

Under the Bill, which is open for consultation until May 9, unmarried couples who have lived together for at least two years will automatically be granted next of kin rights in hospital situation, the right not to testify against the partner in court, and the right to remain in the common home after the death of one of the spouses.

Couples can also go before a notary to draw up a cohabitation contract with more extensive rights, including maintenance, rental and employment rights similar to those of married couples, social services and pensions.

Moves to regulate the position of cohabiting couples were first brought forward four years ago, but never came to fruition. In a press conference this morning, Silvan Agius, director of human rights and integration within the ministry, said the 2012 regulations had been considered “not viable”.

The new law specifically excludes friends or siblings who live in the same house, who will not receive any additional protections, although it refers equally to same-sex and opposite-sex couples.

Despite the exclusion, however, Mr Agius said there would be no verification process to determine whether a couple was in a romantic relationship. In the event of a couple in a de facto cohabiting relationship attempting to make use of the rights afforded to them, Mr Agius said policies introduced after the bill becomes law may require them to show proof of residence or photos showing their relationship at the point of service.

The law also includes a provision to address situations where one partner wants to officially regulate their cohabiting relationship but the other does not. Mr Agius said this was a matter of serious concern for vulnerable people who are fully dependent on their partner but do not have any legal protections, and could end up homeless at the end of the relationship.

In such cases, one partner can send an official letter directly to the other stating their desire to regulate their relationship. If the partner accepts, the letter would constitute a set of basic rights. The other partner can only reject if they present proof that a cohabiting relationship does not exist, but Mr Agius could not say who would be responsible for adjudicating such cases.

The public consultation can be accessed here.