Thousands of couples could benefit from greater legal protection if Government proposals to reform cohabitation law become reality.
The proposed changes would mark one of the most significant developments in family law for decades, offering financial safeguards to some unmarried couples when relationships break down.
At present, many people mistakenly believe that living together for a long period creates a “common law marriage”. In reality, no such legal status exists in England and Wales.
Under current law, cohabiting couples have very limited rights compared with married couples or those in a civil partnership.
When an unmarried relationship ends, each person generally keeps assets held in their own name, regardless of fairness, financial need or the sacrifices made during the relationship.
The Law Commission has now recommended the introduction of a new legal framework for qualifying cohabiting couples. While the proposals stop well short of giving cohabitees the same rights as married couples, they would provide a route to financial relief in certain circumstances. The proposed scheme would apply to couples who have lived together for at least three years, or who have a child together.
Ewa Sierawska, Family Law Solicitor at Parfitt Cresswell in Windsor, says the changes would address a growing gap between modern family life and the law.
Many people are surprised to discover that there is no such thing as a common law spouse,” she said. “Unlike married couples, where the courts are guided by principles of fairness and meeting the needs of both parties following separation, the current law for cohabiting couples is largely based on ownership and contributions. In many cases, that means people keep what is legally theirs, regardless of the practical realities of the relationship.”
The issue has become increasingly significant as more couples choose to live together without marrying. According to the latest national statistics, millions of people now live in cohabiting households, making them one of the fastest-growing family types in the UK. While many couples view cohabitation as equivalent to marriage, the legal consequences can be dramatically different.
A common example is where one partner reduces their working hours or leaves employment altogether to care for children while the other becomes the primary earner. Under the current system, the stay-at-home parent may find themselves with little financial protection if the relationship ends.
“There are many committed couples who make joint decisions about their future, their finances and their children,” explained Ewa.
“It is not unusual for one person to step back from their career to support the family. The difficulty arises if the relationship later breaks down or if one partner dies without making a Will or a declaration of trust recording how the property is held. The person who made those sacrifices may discover they have no automatic right to the home they have lived in for years and no entitlement to ongoing financial support.”
Under the proposed reforms, the starting point would still be that individuals retain ownership of their own assets. However, courts would have the ability to make financial orders where there is a need to do so. This would create a middle ground between the current position and the more extensive financial remedies available on divorce.
“The intention is not to make cohabitation equivalent to marriage,” said Ewa. “Marriage and civil partnerships would remain distinct legal institutions with their own rights and responsibilities. However, the proposals recognise that some cohabiting couples can be left in extremely vulnerable positions when relationships end. The aim is to provide a basic statutory framework of rights and protections while preserving the separate status of marriage.”
Although the recommendations have received significant support from family law professionals, any changes would still require Government legislation before they become law. For now, legal experts are urging unmarried couples not to assume they have legal rights simply because they have lived together for many years.
Ewa added: “Until any reforms are implemented, the current law remains unchanged. Cohabiting couples should consider taking practical steps to protect themselves, including making a Will, reviewing property ownership arrangements and considering a cohabitation agreement. These measures can provide clarity and avoid difficult disputes in the future.”
With cohabiting relationships continuing to rise across the UK, the proposed reforms could bring long-awaited legal protection to many families who currently fall outside the safeguards available to married couples.
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