Despite cohabitating couples being the fastest growing family type in the UK, many couples mistakenly consider they have similar legal protections to married couples, particularly in long-term relationships or where children are involved. However, the legal reality often comes as a shock when these relationships end.
The persistent myth of the ‘common law marriage’ exacerbates this issue, as no such legal status exists in England and Wales. Cohabiting couples lack the automatic rights to financial claims or property division that marriage or civil partnership provides, regardless of the relationship’s duration or whether children are involved.
The Rise of Cohabitating Couples — But Not Their Legal Rights
According to the Office for National Statistics, over the past 25 years, the number of cohabiting couples has surged to over 3.5 million households, yet the legal system has failed to keep pace with the significant societal change. The Law Commission has long supported reform, proposing a statutory scheme to provide financial relief for cohabitating couples with children or those in long-term relationships. However, successive governments have failed to act.
In 2022, the Women and Equalities Committee urged immediate action to tackle the absence of legal safeguards for cohabiting couples, a call that was met with support for reform from the Labour Party. However, no concrete legislative timeline has been established, with only a consultation promised to build public consensus on the issue.
How Cohabitating Couples Can Protect Themselves
Until legal reforms are implemented, experts strongly recommend that cohabiting couples take proactive steps to safeguard their rights and interests. These include:
- Drafting a cohabitation agreement to clarify financial arrangements.
- Signing a declaration of trust for jointly owned property.
- Preparing a Will to ensure inheritance rights.
- Formally establishing parental responsibility where applicable.
Such measures can significantly reduce the risk of unfair outcomes in the event of a relationship breakdown.
While the courts acknowledge the increasing prevalence and social acceptability of cohabitation, they continue to treat it distinctly from marriage and civil partnerships in legal terms. Financial claims by cohabiting partners are generally addressed through property and trust law, which lacks the flexibility and discretion available in divorce proceedings to ensure equitable outcomes.
Howell Jones: Legal Advice Experts for Cohabitating Couples
This legal disparity highlights the critical need for cohabiting couples to seek legal advice and make formal arrangements, as the current framework offers no automatic protections or entitlements. Get in touch with our cohabitation solicitors in Surrey for unparalleled legal guidance. At Howell Jones, our Surrey solicitors are friendly, professional, and supportive.
