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New Laws for Cohabiting Couples in the UK

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Cohabiting couples are the fastest-growing family type in the UK. According to the Office for National Statistics, the proportion of people aged 16 years and over living in a couple who were cohabiting (not in a marriage or civil partnership) increased from 19.7% in 2012 to 22.7% in 2022, equivalent to 5.4 million people in 2012 and 6.8 million people in 2022. 

Despite this rise in cohabitation, couples who are unmarried and not in a civil partnership still have no automatic rights concerning property, finances, inheritance upon separation or death. They can create legal arrangements which give them some rights with the help of a cohabitation solicitor, but these are not automatic. 

This could soon change. The new Labour government promised reform to cohabitation laws in their manifesto so these changes may be around the corner. It is important for cohabiting couples to understand their legal position now, and what changes are expected in the future  and how this will affect their legal rights and obligations. 

What is the current law for cohabiting couples?

There is a persistent myth that living together for a number of years, or having children together, creates a so-called ‘common law marriage’. This is not the case.

There is no such thing as a ‘common law marriage’ in UK law. Cohabiting couples, regardless of how long they have lived together, do not have the same rights as married couples or civil partners. 

This means that:

  • You have no automatic right to your partner’s property or savings if you separate.
  • You may have no claim to their pension or assets.
  • If your partner dies without leaving a Will, you are not automatically entitled to anything they leave behind, including property, even if you have lived in it with them for decades. 
  • There is no legal duty for one partner to support the other financially after a breakup. 

This legal gap can often leave one partner financially vulnerable in the case of a breakup or their partner passing away. This is particularly true if one partner has taken time out of work to manage household responsibilities and raise children. 

Why are changes being considered now? 

Several factors have been driving renewed calls for reform.

  • Political change: The new Labour government has made family law reform part of its policy agenda, pledging to create a more modern legal framework that reflects the realities of family life today. 
  • Mounting legal pressure: Family law bodies such as Resolution, have long been advocates for cohabitation reform. 
  • Public support: Polls show that the majority of people back stronger legal reforms for cohabiting partners. 
  • Social justice: With growing awareness of gender and financial inequality, particularly when children are involved, the lack of legal safety nets for cohabiting partners is increasingly seen as unfair. 

What new laws might we see in 2025?

There is limited detail about any proposed changes to cohabitation laws currently, but we can expect that changes might occur in the following ares: 

  • Enhanced legal rights: Cohabiting partners may gain new legal rights after a certain number of years living together. 
  • Financial contribution recognition: There may be a legal framework for acknowledging financial contributions made by each partner during the relationship which impacts the division of assets if there is a breakup. 
  • Greater protection: Dependent partners may gain enhanced financial protection in the case of a separation, particularly if they have taken time out of work for caregiving responsibilities. 
  • Inheritance rights: Long-term cohabitees who are not named in a Will may be entitled to some automatic inheritance.

These reforms are unlikely to replicate the protections that married couples and civil partners enjoy, but would aim to offer a basic level of financial protection and fairness for couples who chose not to formalise their relationship. 

How can unmarried couples protect themselves now? 

Until new laws are passed, the best way for couples to protect themselves is through proper legal planning. This includes:

  • Cohabitation agreements: A legally binding document which sets out what happens to property, finances, and other assets if the relationship ends.
  • Writing a Will: This ensures that your partner is provided for in the event of your death. 
  • Declarations of Trust: These are useful when unmarried people buy property together. It is a document which clarifies the financial contribution of each party and states that they will get that share back if the property is sold after a breakup. 

These are all legal services offered by the legal experts at Eric Robinson Solicitors. We have extensive experience in advising cohabiting couples. Whether you’re just moving in together, or having been living together for years, we can help put the right legal protections in place for you.

Conclusion

As the ways people in the UK chose to conduct relationships change, the law is slowly catching up. While cohabiting couples in the UK remain financially vulnerable without extra legal agreements in place, changes in the law may be on the way which provides some of this protection automatically. 

In the meantime, it’s vital to take proactive steps to protect your home, your finances and your future. We are here to help you do just that. 

Get in touch with us today with your local office to speak to one of our expert Family or Wills and Powers of Attorney Lawyers. We will talk you through your options, explain how the law affects your situation, and help you put the correct safeguards in place.