Cohabiting couples are now the fastest-growing family type in England and Wales, with over 3.6 million people choosing to live together without marrying or entering a civil partnership. Yet despite this shift in how families are formed, the law has not kept pace, leaving many cohabiting partners vulnerable and misinformed.
The Myth of “Common Law Marriage”
One of the most persistent and damaging myths in family law is the idea of a “common law marriage.” Many people believe that living together for a certain number of years gives them the same legal rights as married couples. In reality, no such legal status exists in England and Wales.
This misconception can have devastating consequences. If a cohabiting relationship breaks down, there is no automatic right to financial support, no entitlement to a share of the family home (unless jointly owned or a trust can be proven), and no claim on pensions or other assets. Even in the event of a partner’s death, the surviving partner may not inherit anything without a valid will.
Why Reform Is Needed
The current legal framework leaves many people, especially women and those in religious-only marriages, at a significant disadvantage. The Women and Equalities Committee has called for urgent reform, highlighting the disproportionate impact on ethnic minority women and the financial hardship faced by many after separation or bereavement.
The Law Commission has previously proposed a statutory scheme that would allow cohabiting couples to apply for financial relief upon separation, based on their contributions to the relationship, financial or otherwise. However, successive governments have failed to act, despite widespread support from legal professionals and family justice campaigners, such as Resolution.
What Can Couples Do Now?
Until the law changes, the best protection for cohabiting couples is a cohabitation agreement. This legally binding document can set out:
- how property and finances will be divided if the relationship ends;
- confirm ownership of jointly purchased assets and how these are to be divided on separation;
- contributions to household expenses;
- arrangements for children;
A cohabitation agreement provides clarity and peace of mind, helping couples avoid costly and emotionally draining disputes later on. It’s also wise to make a will to ensure your partner is provided for in the event of your death.
Looking Ahead
While the new government has expressed a general commitment to strengthening protections for cohabiting couples, specific legislative reform has yet to be prioritised. In the meantime, public awareness campaigns and legal advice are crucial to dispelling myths and empowering couples to protect themselves.
Final Thoughts
If you’re living with your partner, or planning to move in together, it’s essential to understand your legal position. Don’t rely on myths or assumptions. A cohabitation agreement can be a simple yet powerful tool to safeguard your future.
Need advice on cohabitation agreements or your legal rights as a cohabiting partner? Get in touch today for a confidential consultation.
How Nelsons Can Help
Hannah Bridgwood is a Senior Associate in our expert Family Law team. She specialises in cohabitation, the breakdown of marriages and civil partnerships and domestic abuse.
If you have any further questions or want to discuss any aspect of this article, please contact Hannah or another member of the team in Derby, Nottingham or Leicester on 0800 024 1976 or via our online form.
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