Cohabiting couples are now the fastest-growing family type, yet the law largely overlooks them. Currently, there is minimal protection for these couples if a relationship ends, leaving the financially vulnerable partner at a significant disadvantage.
Why is reform needed?
Extending more rights to cohabiting couples would also provide crucial protection for victims of domestic abuse. Tragically, abusers often exploit the lack of legal safeguards, knowing their victims may struggle to leave due to financial dependence and a lack of resources to rebuild their lives. Reform in this area is long overdue.
“While reform is necessary, it must be approached carefully, ensuring a balance is struck with the rights of married couples. The value and integrity of marriage should still be preserved.”
In recent years, the number of couples choosing to live together without marrying has risen significantly in the UK. According to the Office for National Statistics (ONS), over 3.5 million couples were cohabiting as of 2021, making it one of the fastest-growing family types in the country. However, despite this shift in societal norms, the legal framework surrounding cohabitation has remained largely unchanged, leaving many couples vulnerable in the event of relationship breakdowns or death.
Recognising the growing need for change, the UK government has announced plans to reform cohabitation law, aiming to provide better legal protections for unmarried couples. This move is part of a wider initiative to address gaps in family law and ensure that all relationships—whether married or cohabiting—are treated fairly and equitably.
What will reform look like?
The government’s proposed reforms aim to tackle two key issues: financial protection upon separation or death and the division of property rights.
Currently, unmarried couples lack the same financial rights as married couples when they separate. In a divorce, spouses are entitled to a share of marital assets, including property and savings. However, cohabiting couples do not have an automatic right to these assets. This has resulted in inequitable situations, particularly when one partner has made significant contributions to the household or childcare, yet has no legal claim to property or assets.
The government proposes introducing a “Cohabitation Right,” enabling couples living together for a specified duration—likely two years or more—to secure financial support from their partner in the event of separation. This reform would align cohabitation with the protections offered in marriage and civil partnerships, giving cohabitants the right to claim a fair share of the property and assets acquired during their relationship.
Property Division and Inheritance Rights:
Cohabiting couples, especially those with children, often encounter legal difficulties regarding inheritance and property rights. Unlike married couples, cohabiting partners do not automatically inherit each other’s estate if one partner dies without a will. Additionally, property ownership can become complicated when both individuals have financially contributed to purchasing a home but are not legally recognised as joint owners.
To address these issues, the reform plans aim to provide clearer guidance on property ownership between cohabiting couples. This could involve automatic legal recognition of shared assets or clearer pathways for seeking compensation in the event of a partner’s death or separation. Additionally, the government is considering reforms to inheritance laws, which would provide cohabiting couples with more equal rights regarding their partner’s estate, especially if the couple had been in a long-term relationship.
Why do we need these reforms?
The proposed changes to cohabitation law stem from the recognition that many couples in long-term, committed relationships do not have the same legal protection as married couples. This gap has led to inequality, especially when one partner has made significant contributions to the relationship, such as sacrificing career opportunities to care for children or taking on an unequal share of domestic responsibilities.
Additionally, cohabiting couples often face confusion and challenges when dealing with legal matters, particularly during a relationship breakdown or the death of a partner. Without the legal safeguards marriage offers, one partner may be excluded from property, financial support, or inheritance rights, even if they have made substantial financial or emotional contributions.
The reform proposals aim to address these issues, ensuring that couples who choose to cohabit receive the same legal protections as married couples. This would establish a fairer and more consistent legal framework for modern relationships.
What are the challenges?
While the proposed reforms are widely seen as a step forward for cohabiting couples, they are not without criticism. Some argue that introducing legal protections for cohabiting couples could undermine the institution of marriage. Others are concerned about the potential for complicated legal disputes over the division of assets, particularly in cases where the length of the cohabiting relationship is disputed.
There is also concern that the government’s proposals may inadvertently create a “one-size-fits-all” approach that doesn’t fully account for the diverse nature of cohabiting relationships. For example, couples who choose to live together but have explicitly chosen not to marry may not wish to be subject to the same legal framework as married couples. The law must be designed in a way that balances the rights and freedoms of cohabitants with the protection of their interests.
Looking towards the future
The government’s plans to reform cohabitation law are still in the consultation phase, with lawmakers seeking input from legal experts, family advocates, and the public before moving forward with legislation. While the details of the reforms are still being worked out, the proposal marks a significant step toward modernising family law and ensuring that all relationships, whether formalised through marriage or not, are given appropriate legal recognition.
For many cohabiting couples, the changes could provide much-needed clarity and protection, offering peace of mind in an ever-evolving social landscape. As the consultation process progresses, the hope is that the law will be adapted to reflect the realities of modern relationships, ensuring that no one is left behind due to their choice of how to live together.
In conclusion, the UK government’s move to reform cohabitation law signals a recognition of the evolving nature of modern relationships. By ensuring that cohabiting couples have greater financial and legal protection, the reform aims to create a fairer, more inclusive legal system for all types of relationships. While there are challenges to overcome, the proposed changes offer the potential for a more just and equitable future for millions of cohabiting couples across the country.
