With cohabiting couples now the fastest-growing family type in the UK, many believe they have similar legal protections to married couples – especially after long relationships or where there are children involved. But the reality can come as a shock when those relationships end.
Despite ongoing pressure from legal and policy bodies, meaningful reform still lags behind. In the meantime, the risks for cohabiting couples remain high, particularly with the persistent myth of the ‘common law marriage’. There is no such thing in England and Wales and couples who live together without marrying or entering a civil partnership need to be aware they do not have the same legal rights or financial claims. That means if a cohabiting couple separates, whether they share children or not, there is no automatic right to the protections that marriage brings – such as maintenance, a share of property, pensions or other assets – regardless of how long a couple have been together.
The number of cohabiting couples has more than doubled over the past 25 years and now exceeds 3.5 million households according to the latest figures from the Office for National Statistics, but the law has not kept pace with societal change. While the Law Commission has long advocated for reform to introduce basic financial protections for cohabiting couples who have children or have lived together for a significant period, successive governments have failed to legislate.
In 2022, the Women and Equalities Committee called for urgent action to address the lack of legal protection, and the Labour Party has expressed support for cohabitation reform, but no clear timeline has been set beyond saying a formal consultation will be issued this year ‘to build public consensus on what cohabitation reform should look like’.
It’s a persistent legal blind spot. Cohabiting couples often build long, committed lives together – even raising children or buying homes – but have no automatic legal safety net if things go wrong. Until reforms catch up, couples should get advice early to avoid the risk of unfair outcomes if the worst happens and relationships break down.
For now, the safest approach for cohabiting couples is to act as though there will be no legal safety net – and put the necessary agreements in place. That way, if the worst happens, the outcome doesn’t depend on a legal system still catching up with modern family life.
Until legal reform happens, the best protection is preparation. We would recommend a few key steps:
- Create a cohabitation agreement: This sets out how property, finances and responsibilities will be handled during the relationship and in the event it ends.
- Sign a declaration of trust: Where a property is jointly owned, this clarifies who owns what share.
- Make a will: Cohabiting partners do not automatically inherit under intestacy laws.
- Consider parental rights: Unmarried fathers are only automatically granted parental responsibility if named on the birth certificate. Legal advice can help clarify child arrangements and support.
To discuss this, or any other related matter with Dimple directly, please call 01483 887766, email info@hartbrown.co.uk or start a live chat today.
*This is not legal advice; it is intended to provide information of general interest about current legal issues.
