Next of kin rights for cohabiting couples proposed in new Bill

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.