Cohabiting couples face legal blind spots as reform drags on

Cohabiting couples are now the fastest-growing family type in the UK, yet they remain one of the most legally vulnerable. Many mistakenly 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.

 

The Myth of Common Law Marriage

Despite growing awareness and ongoing pressure from legal and policy bodies, the myth of the “common law marriage” persists and meaningful reform still lags behind.

 

Kelly Parks, specialist Family Law solicitor at Banner Jones Solicitors, explains:

 “There is no such thing as ‘common law marriage’ in England and Wales. Cohabiting 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.”

 

Legal reform: Still on hold

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,” added Kelly.  “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 breakdown.

 

“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.”

 

How Cohabiting Couples Can Protect Themselves

Until legal reform happens, the best protection is preparation. Legal experts recommend the following steps:

 

• Create a cohabitation agreement
  • • Clearly outline how property, finances, and responsibilities will be managed during the relationship and if it ends.
• Sign a deed/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.
• Understand parental rights and responsabilities
  • • Unmarried fathers are only automatically granted parental responsibility if named on the birth certificate. Legal advice can help clarify child arrangements and support.

 

Final Thoughts

Until the law catches up with modern family life, cohabiting couples must take proactive steps to protect themselves. Seeking early legal advice and putting the right agreements in place can help avoid unfair outcomes if a relationship breaks down.

Contact us today to book an appointment with our Family Law experts or to discuss your query.