Should the law be changed for cohabitants?

There is no such thing as a common law husband or wife. Either you are married or you are not. The law in respect of divorcing married couples is entirely separate and distinct from the law relating to cohabitants who choose to separate.

According to many family justice groups, legal experts, and a majority of the public there is strong support for reform to provide cohabiting couples with stronger legal protections. Proponents of change argue the current law is outdated leaving cohabitants with few or no rights regarding finances and property upon relationship breakdown or death which creates unfairness particularly for those who are financially vulnerable. They point to the growing number of cohabiting couples and social justice concerns suggesting that laws should evolve to reflect modern relationships and offer the same protections as marriage, which is declining.

Arguments for changing the law

Unlike married couples, cohabitants often have no automatic right to a share of their partner’s assets, financial support, or inheritance upon separation or death even in long-term committed relationships.

The current law can lead to inequality especially when one partner has sacrificed career opportunities to care for children or made significant contributions to the relationship such as by taking on domestic responsibilities.

Polls indicate that the majority of people support stronger legal protection for cohabiting partners.

Many see the lack of legal safeguards as a social injustice that is unfair and they believe the law should evolve to protect modern families regardless of marital status. With the increasing number of couples who choose to cohabit rather than marry, reform is seen as necessary to address the current legal gaps.

Current status of reform

The UK government has indicated steps toward reforming cohabitation law and family law groups are campaigning for changes to create a fairer legal framework.

Proposals have been made such as the opt-out cohabitation law scheme from the Law Commission. However, some government reviews have been paused pending further reviews of other related areas of law.

Currently when cohabiting couples separate, their disputes are handled under complex property and trust laws which can be costly and uncertain.

Family law bodies like Resolution have long campaigned for reform. The new Labour government has pledged to consult on cohabitation reform.

An opt-out scheme would automatically grant certain rights to qualifying cohabitants, for example, after a certain duration or if they have children, but allow couples to choose to opt-out of this framework.

Some people have suggested better recognition of non-financial contributions to a relationship and family life and others have suggested improved inheritance rights for a surviving partner when there is no Will.

Until reform occurs, legal experts strongly advise cohabiting couples to use Cohabitation Agreements and make a Will to protect their interests.