In recent years, the landscape of relationships in the UK has evolved significantly, with cohabitation becoming an increasingly common choice for couples. Despite this societal shift, the legal framework has struggled to keep pace, often leaving cohabiting partners without the protections afforded to their married counterparts. However, recent developments indicate that reform may be on the horizon, aiming to address these disparities and provide greater security for unmarried couples.​

The current legal landscape

As it stands, cohabiting couples in the UK do not enjoy the same legal rights as those who are married or in civil partnerships. A prevalent misconception is the belief in “common law marriage,” suggesting that long-term cohabitants have similar rights to married couples. However, this concept holds no legal standing in England and Wales. Consequently, upon separation, cohabiting couples often find themselves navigating complex property and contract laws, which may not adequately address the nuances of their relationship. This legal gap can lead to significant economic vulnerabilities, particularly for the financially weaker partner.

Momentum for change

The call for reform is not new. Back in 2007, the Law Commission proposed an opt-out cohabitation scheme designed to protect economically vulnerable cohabitants. Despite these recommendations, legislative changes have been slow to materialize. However, the tide appears to be turning. In 2024, the Labour Party’s manifesto pledged to strengthen legal rights and protections for those in cohabiting relationships. This political commitment has been further reinforced by the current government’s plans to launch a formal consultation this year, aiming to build public consensus on what cohabitation reform should entail. ​

The rise of cohabitation

The urgency for reform is underscored by the significant rise in cohabiting couples. The number of cohabiting couples in the UK has risen from approximately 1.5 million in 1996 to over 3.6 million today. This demographic shift highlights the need for laws that reflect contemporary relationship dynamics and provide appropriate protections for a substantial portion of the population.​

Potential implications of reform

Reforming cohabitation laws could bring about several significant changes:​

• Financial Protections: Enhanced legal rights could ensure fairer distribution of assets upon separation, mitigating the financial hardships currently faced by many cohabitants.​
• Parental Rights: Clarified legal standings could benefit unmarried parents, ensuring both have recognized rights and responsibilities towards their children.​
• Public Awareness: Reform efforts may also focus on dispelling myths surrounding common law marriage, educating the public about the actual legal standings of cohabiting couples.

Taking proactive steps

While awaiting legislative changes, cohabiting couples can take proactive measures to protect their interests:​

• Cohabitation Agreements: These legal documents allow couples to outline arrangements regarding finances, property, and children, both during the relationship and in the event of a separation. Such agreements can provide clarity and reduce potential disputes. ​
• Wills: Unlike married couples, cohabitants do not automatically inherit their partner’s estate without a will. Drafting a will ensures that a partner’s wishes are honored in the event of their death. ​
• Property Ownership: When purchasing property together, it’s crucial to decide whether to hold it as joint tenants or tenants in common, as this affects each partner’s share and rights, especially upon separation or death.​

Looking ahead

The anticipated consultation signifies a pivotal step towards aligning the legal framework with modern societal norms. By engaging in this process, individuals and organizations can contribute to shaping laws that offer fairness and protection to cohabiting couples. As society continues to evolve, it is imperative that our legal systems adapt accordingly, ensuring that all individuals, regardless of marital status, are afforded appropriate rights and safeguards.​

For cohabiting couples concerned about their legal standing, seeking legal advice from family law specialists can provide tailored guidance and help navigate the complexities of the current system.

If you are living with someone and are concerned about your financial position, legal protections or the position of your children on separation, please contact Geldards Family Law Team.