Cohabitation Reform: What Proposed Changes Could Mean for Unmarried Couples

Cohabitation Reform: What Proposed Changes Could Mean for Unmarried Couples

The Ministry of Justice has recently consulted on the financial rights of unmarried couples when relationships come to an end. The aim is to create greater certainty and fairness in family law for couples, regardless of whether they are married or living together.

With around 3.5 million cohabiting couples in England and Wales, pressure has been mounting for many years to strengthen the legal protections available to unmarried partners. While the previous Conservative government focused its attention on reforms to marriage and divorce law, the Labour Party pledged in its 2024 manifesto to improve the rights and protections of those in cohabiting relationships, particularly women who may be financially vulnerable following separation.

What Changes Are Being Considered?

The consultation explored proposals to introduce a fairer legal framework for couples who live together but do not marry. The suggested reforms would provide greater financial protection when a relationship ends, whether through separation or the death of a partner.

Under the proposals, couples could be recognised as cohabitants if they have lived together for at least three years or share a child.

Potential reforms include:

• Greater consideration by the courts of the impact of domestic abuse when determining financial outcomes, including controlling or coercive behaviour and economic abuse.
• Financial remedies for cohabiting couples following separation in appropriate circumstances.
• Automatic inheritance rights for unmarried partners where a partner dies without leaving a valid Will.
• Making pre-nuptial and post-nuptial agreements legally binding, providing greater certainty and financial security for those who choose to marry.

Why is Reform Needed?

Resolution, the organisation of family justice professionals committed to resolving family issues in a constructive and collaborative way, has long campaigned for reform in this area. Following its successful campaign for no-fault divorce, Resolution continues to advocate for legal protections that reflect modern family life.

The current law can leave cohabiting partners in a vulnerable position when a relationship ends. Many people mistakenly believe that “common law marriage” gives unmarried couples similar rights to married couples. In reality, this is not the case.

As society changes, more couples are choosing not to marry, while in some relationships one party may be unwilling to marry despite many years together. Where such relationships break down, there can be a significant risk of financial hardship. Concerns have also been raised that perpetrators of domestic abuse can exploit the lack of legal protection available to unmarried partners, leaving vulnerable individuals without adequate financial support.

What Happens Next?

The consultation closed on 14 August, and the family law community now awaits the government’s response and any proposals for legislative reform. Given the growing number of cohabiting couples and the widespread support for change from legal professionals, this remains a significant and closely watched area of family law.

How We Can Help

Whether you are cohabiting, married, contemplating marriage, or concerned about your financial position within a relationship, our Family Law team is here to help. We can provide practical advice tailored to your circumstances, help protect your interests through agreements and future planning, and support you through relationship breakdowns with sensitivity and expertise.

For further information or to arrange an appointment, please contact our Family Law team at info@bussmurton.co.uk or 01892 510222.