Cohabitation, or living together without being married or in a civil partnership, has become increasingly common in the UK. Despite this shift in societal norms, cohabiting couples do not have the same legal protections as married couples. Many people still believe in the myth of “common-law marriage,” assuming that long-term cohabitation grants them legal rights over property, inheritance, and financial support. However, this is not the case under current UK law.
In recent years, there have been discussions about legal reforms to better protect cohabiting couples. With a rising number of cohabiting couples facing financial and legal challenges upon separation or the death of a partner, the need for legal protection has never been more urgent. In this article, we will explore the current legal landscape, recent developments, and what potential New Laws for Cohabiting Couples UK could mean for cohabiting couples in the UK.
Current Legal Status of Cohabiting Couples in the UK
Unlike married couples and civil partners, cohabiting couples in England and Wales do not have automatic rights to financial support, property division, or inheritance upon separation or the death of a partner. This means that, without prior legal arrangements, a partner may be left without financial security if the relationship ends. The key areas where cohabiting couples lack legal rights include:
1. Property Rights
- If a property is owned solely by one partner, the other has no automatic right to claim a share, regardless of how long they have lived together or whether they contributed to mortgage payments or renovations.
- A cohabiting partner may have to go through a lengthy legal battle to prove a financial interest in the property, often relying on complex legal principles such as “constructive trust” or “proprietary estoppel.”
2. Financial Support
- Upon separation, cohabiting partners are not entitled to financial maintenance from one another, unlike married couples who can seek spousal maintenance.
- Even if one partner has been financially dependent on the other, there is no legal obligation for ongoing support unless they share children.
3. Parental Rights and Responsibilities
- Fathers who are not married to the mother of their child must be named on the birth certificate to have parental responsibility.
- Cohabiting partners do not automatically have rights to make medical or educational decisions for their partner’s children.
4. Inheritance Rights
- If one partner dies without a will, the surviving partner has no automatic right to inherit under intestacy laws.
- A cohabiting partner must make a legal claim under the Inheritance (Provision for Family and Dependents) Act 1975, which can be costly and uncertain.
Calls for Legal Reform: What Could Change?
Over the past few years, there have been multiple calls for legal reform to provide better protection for cohabiting couples. Key proposals and discussions include:
1. The Women and Equalities Committee Report (2022)
In August 2022, the House of Commons Women and Equalities Committee released a report urging the government to reform cohabitation laws. Key recommendations included:
- Granting financial claims to cohabitants upon separation, similar to divorce proceedings.
- Providing inheritance rights to long-term cohabiting partners without requiring legal action.
- Introducing legal presumptions around property ownership to better reflect contributions from both partners.
2. Labour Party’s Proposal (2023)
In October 2023, Emily Thornberry, Shadow Attorney General, announced that the Labour Party was considering new protections for cohabiting couples. This included:
- The introduction of a “Cohabitation Rights Bill” to provide financial relief for economically vulnerable partners.
- Strengthening legal rights for cohabiting couples with children.
However, by July 2024, the government’s legislative agenda did not include cohabitation reform, leaving uncertainty about when New Laws for Cohabiting Couples UK might take place.
3. Scotland’s Approach to Cohabitation Rights
Scotland has taken a different approach under the Family Law (Scotland) Act 2006, which grants cohabiting partners limited rights to claim financial provision upon separation. While still not as extensive as marriage rights, these laws provide more security compared to England and Wales. Campaigners in the rest of the UK have pointed to Scotland’s model as a potential template for reform.
What Cohabiting Couples Should Do Now
Until New Laws for Cohabiting Couples UK are implemented, cohabiting couples should take proactive steps to protect their financial and legal interests. Here are key actions to consider:
1. Create a Cohabitation Agreement
A cohabitation agreement is a legally binding document that outlines financial arrangements, property ownership, and responsibilities within the relationship. This can help prevent disputes if the relationship ends.
2. Make a Will
Since cohabiting partners do not automatically inherit, writing a will ensures that assets go to the surviving partner.
3. Consider a Declaration of Trust
If purchasing a property together, a Declaration of Trust can clearly outline ownership shares, helping to prevent legal disputes.
4. Review Life Insurance and Pension Nominations
Updating beneficiaries for life insurance policies and pensions can ensure financial security for a surviving partner.
5. Seek Legal Advice
Consulting a family law solicitor can help cohabiting couples understand their rights and take necessary precautions.
Future Outlook: Will the Laws Change?
While there is strong public and political interest in New Laws for Cohabiting Couples UK, the government has yet to take definitive action. The introduction of a Cohabitation Rights Bill would mark a significant step toward recognizing and protecting the rights of unmarried couples.
Until New Laws for Cohabiting Couples UK are enacted, cohabiting couples must take legal precautions to secure their rights. The conversation around cohabitation law reform is ongoing, and campaigners continue to push for changes that reflect the realities of modern relationships.
Conclusion
Cohabiting couples in the UK currently lack many legal protections afforded to married couples. While there have been discussions and proposals for reform, no significant changes have been made as of 2025.
To ensure financial and legal security, cohabiting partners should take proactive steps, including drafting cohabitation agreements, making wills, and seeking legal advice.
At Mating Press, we keep you updated on the latest legal and relationship trends to help you navigate cohabitation with confidence. Stay informed and take action to protect your rights in an ever-changing legal landscape.
