“As cohabitation solicitors, we regularly advise couples who assume they have the same legal rights as married couples. Unfortunately, the common law marriage myth continues to leave many people vulnerable when relationships end or a partner dies. While the Government's latest consultation on cohabitation reform is welcome, couples should still take practical steps today, including considering a cohabitation agreement”, says Kelly Parks, Solicitor and Head of Family Law at Banner Jones Solicitors.
What is the “Common Law Marriage” Myth?
Today, millions of couples live together without marrying. Yetet one of the most persistent misconceptions is that ‘common law marriage’ exists gives cohabiting couples the same legal rights as married couples.
Why Cohabiting Couples Have Fewer Legal Rights
The current law is more than fifty years old and was created at a time when expectations around marriage, relationships and family life looked very different.
Sadly, many people only discover that they don’t have the same legal rights as married couples when it is already too late.
Cohabiting couples in England and Wales do not automatically have:
- Rights to share a partner's assets on separation
- Inheritance rights if a partner dies without a will
- Access to the inheritance tax exemption available to married couples and civil partners
That can be devastating for someone who learns that although they have built homes, raised children and shared their lives together over many years, it counted for nothing in the eyes of the law.
Government Consultation on Cohabitation Reform
The Government's recent consultation on cohabitation reform is a welcome acknowledgement that family life in 2026 looks very different from when the current law was introduced. This step towards reform, bringing the legal framework closer to the reality of modern family life, is long overdue.
Latest figures from the Office for National Statistics (ONS) show that cohabiting couples are the fastest-growing family type in the UK.
Currently there are an estimated 6.5 million people cohabiting outside of marriage or civil partnerships. And while married couples remain the most common family structure, their numbers are falling while, as a proportion of the population, cohabiting couples have increased from 11.9% to 12.9% in just the last year.
And it is most popular among younger couples, who represent some 18% for those cohabiting under 30, and 15% at ages 30 to 44, meaning more and more families are being formed outside the structure of marriage.
The consultation is a recognition that these millions of people now choose to cohabit rather than marry, and that the law needs to provide them with greater protection.
Kelly adds, “Certainly, we need to see reform around financial claims when couples separate, as well as giving greater rights in long-standing relationships where a partner dies without a valid will.
But while I’m glad to hear that consultation is finally underway, this is only the beginning of what is likely to be a lengthy process. There is no guarantee of when – or in what form – we can expect to see any changes become law, not least with yet another prime minister installed in number ten, and the potential shift in emphasis in the legislative agenda”.
Four Steps Every Cohabiting Couple Should Take to Protect Their Future
Kelly confirms “my advice to couples is simple: don’t wait for the law to catch up before protecting yourselves.
The safest approach is not to cross fingers in hope of change but instead take a myth-busting approach to put solid, practical protections in place, now”.
There are four steps that Kelly encourages every cohabiting couple to take. They cover the most important points, and can provide certainty, avoid unnecessary conflict later, and make sure that arrangements reflect your joint wishes, rather than relying on a legal system that is still catching up.
Make a Will
Unlike married couples and civil partners, cohabiting partners do not automatically inherit from each other if one dies without a will. A properly drafted will and clear expression of wishes can help avoid a lot of distress at one of the most difficult times.
Consider a cohabitation agreement
A professionally drafted cohabitation agreement can provide clarity about property ownership, financial contributions, household expenses and what should happen if the relationship ends. Working with a cohabitation agreement lawyer ensures the agreement reflects both parties' intentions and can help prevent costly disputes in the future.
Clarify property ownership
For couples buying a home together, a deed of trust (also known as a declaration of trust) can record each person’s share of the property and avoid uncertainty later, particularly where contributions are unequal. Or if one person has moved into a property owned by the other, this can set out what any contribution to property costs covers, to avoid any later confusion or disagreement.
Plan for children and future responsibilities
Think carefully about issues such as parental responsibility, financial support and arrangements for children if the relationship ends. This should include any children from previous relationships, as the number of blended families is also growing, with children in stepfamilies 3.5 times more likely to live with a cohabiting couple.
Speak to Cohabitation Solicitors About Protecting Your Future
Whether you are moving in together, buying a property or planning for the future, obtaining legal advice early can provide valuable peace of mind. Banner Jones' experienced cohabitation solicitors advise clients across South Yorkshire, Derbyshire and Nottinghamshire.
If you are considering cohabitation agreements in Sheffield or require advice from a cohabitation agreement solicitor in South Yorkshire, Derbyshire or Nottinghamshire our family law team can help.
Meet the Team
Kelly Parks
- Director
- Solicitor
- Head of Family Law