Blog written by Victoria Cannon, Partner and Head of Family Law, supported by Abigail Jones, Associate in our Family Law team.
As family lawyers, we regularly advise clients who are surprised to discover that living together does not provide the same legal protections as marriage or civil partnership. The UK Government’s recent announcement that it has launched a consultation on strengthening legal protections for cohabiting couples is a welcome recognition that the law has struggled to keep pace with modern family life. Whilst the consultation is only the first step, it signals a potentially significant shift towards greater protection for families who currently fall outside the existing legal framework.
The current position
One of the most common misconceptions we encounter as family lawyers is the belief in the concept of a “common law spouse”.
Despite the phrase being widely used, there is no such legal status in England and Wales. Couples who live together do not acquire the same legal rights as married couples simply because they have been together for a long time.
This can create significant difficulties when relationships break down. Unlike divorcing spouses, cohabiting partners generally cannot make claims for:
- Spousal maintenance;
- Pension sharing;
- Redistribution of assets; or
- Financial support based solely on the length of the relationship.
Property disputes are often determined by strict principles of property and trust law rather than broader considerations of fairness.
What changes are being proposed?
The Government’s consultation seeks views on introducing a new framework for cohabiting couples. It is a consultation that could lead to the most significant reform of cohabitation law in a generation, and the proposals aim to provide greater protection for unmarried couples when relationships end and when a partner dies.
Although the detail is yet to be considered, the proposals could potentially allow certain cohabiting partners to make financial claims following separation. Reports indicate that eligibility may apply where couples have lived together for a minimum period, potentially three years, or where they share a child.
The reforms may include rights relating to:
- Property;
- Savings;
- Investments;
- Pensions; and
- Financial support in limited circumstances.
Importantly, the UK Government has indicated that any new rights would remain distinct from those available on divorce and would not seek to replicate marriage.
Many practitioners have long argued that the current law can produce outcomes that feel unfair, particularly where one partner has made financial sacrifices to support the family or care for children. The prospect of a tailored scheme for cohabiting couples, rather than simply extending divorce law to unmarried relationships, may strike an appropriate balance between respecting personal choice and providing protection where genuine financial disadvantage has arisen.
If implemented carefully, the reforms could provide greater certainty and reduce the need for complex and costly property disputes that currently arise when cohabiting relationships break down.
Greater protection on death
The consultation also addresses inheritance rights. Currently, unmarried partners do not automatically inherit from one another if a partner dies without a valid will. This can leave surviving partners facing uncertainty, financial hardship and potentially expensive court proceedings.
Under the proposed reforms, cohabiting partners may receive automatic inheritance rights in certain circumstances, providing greater certainty and protection for bereaved families.
Domestic abuse and financial fairness
A particularly significant aspect of the consultation is the focus on domestic abuse.
The UK Government is considering whether courts should give greater weight to the impact of domestic abuse, including economic abuse and coercive control, when resolving financial disputes. In our experience, family practitioners have long recognised that financial abuse can continue long after a relationship ends and can significantly affect a victim’s ability to achieve financial independence.
If implemented, these measures could provide greater protection for vulnerable individuals seeking to rebuild their lives following abusive relationships.
What does this mean for cohabiting couples now?
Whilst the announcement is welcome news for many, it is important to remember that the law has not yet changed. The consultation represents the beginning of the reform process, and any legislative changes are likely to take time. In the meantime, unmarried couples should continue to take proactive steps to protect themselves. This may include:
- Cohabitation agreements – A cohabitation agreement can clearly set out how assets, property and financial arrangements should be dealt with during the relationship and in the event of separation.
- Declarations of trust – Where couples purchase property together, a declaration of trust can record each person’s financial interest in the property and help avoid future disputes.
- Wills – As cohabiting partners do not currently benefit from automatic inheritance rights, having an up-to-date will remains essential.
- Seeking specialist legal advice – Seeking advice at an early stage can help couples understand their legal position and make informed decisions about protecting their future.
Looking ahead
From a family law perspective, the consultation is a positive and long-awaited development. The growing number of cohabiting couples means that the gap between public expectation and legal restrictions have become increasingly difficult to justify. Many individuals only discover the limitations of the current law when a relationship ends or following the death of a partner, often at a time of considerable emotional and financial stress.
The consultation is a welcome acknowledgement that family structures have evolved significantly over recent decades. Whilst marriage and civil partnership will rightly continue to carry distinct legal consequences, there is a strong argument that cohabiting couples should not be left entirely without protection when relationships end. We welcome the UK Government’s commitment to exploring reforms that could provide greater fairness, certainty and protection for modern families.
Although the detail of any future legislation will be important, the UK Government’s willingness to consider reform is encouraging. Greater clarity and protection for cohabiting families have the potential to improve access to justice and better reflect the way many families choose to live today.
However, until any reforms become law, unmarried couples remain vulnerable to the existing legal framework. For those living together, purchasing property, raising children or planning for the future, now is an appropriate time to review legal arrangements and ensure adequate protections are in place.
