As family law professionals will well know, the myth of the common law marriage still prevails, and there is a huge education piece needed to ensure that those in cohabiting relationships understand they are not entitled to the same protections. A survey conducted by Stowe Family Law revealed that nearly half of people mistakenly believe that cohabitees have the same legal rights as married couples.
But while marriage comes with a legal safety net, cohabiting couples often don’t have the same protections—something many believe needs to change.
The Push for Change
So far, the government has not rushed to make changes. In November 2022, it rejected recommendations for reform, saying it wanted to focus on financial remedies for divorce first. Critics argue that cohabitation laws should be dealt with separately rather than waiting in line behind divorce law updates.
In the intervening years, there have been multiple calls for change, most recently with Labour MP Andy Slaughter and a cross-party group of MPs requesting a timetable for cohabitation reform, after the unfulfilled promise of its appearance in Labour’s Manifesto.
For many, cohabitation works just fine—until it doesn’t. When relationships end, financially vulnerable partners, often women who have taken time off work to raise children, can find themselves at a disadvantage. Unlike in marriage, there is no automatic right to claim assets built up during the relationship or financial support beyond child maintenance. In some cases, this lack of protection forces people to stay in unhealthy relationships just to avoid financial instability. This is particularly worrying in cases where there is domestic abuse.
On the other hand, legal reform could lead to unintended consequences, like people losing assets due to cohabitation arrangements they never thought of as legally significant. What starts as a casual living arrangement might unintentionally evolve into a situation with major financial implications. There is also debate over what legal reform could look like in this area, and whether it is fair to automatically give cohabitees rights to property, inheritance and pensions (to name but a few) when they have actively chosen to not get married or have a civil partnership. It isa tricky balance between protection and personal choice.
What Do Family Lawyers Think?
Family lawyers have been calling for reform for years, arguing that the current system has not kept pace with modern relationships. Organizations like Resolution are campaigning for legal changes and better public awareness, so couples know where they stand legally before problems arise.
A recent internal survey of family lawyers at Stowe Family Law found that:
- 94% believe cohabiting couples should have legal protections.
- 31% think cohabitees should have the same rights as married couples.
- 68% support reform but believe cohabitation laws should be distinct from marriage laws.
- 58% feel cohabitation laws should be opt-in rather than automatic.
The survey also highlighted key areas where legal protection is lacking, such as pensions, inheritance, and financial support after separation (although opinion varied on the extent of protection that there should be in these areas). Many lawyers agreed that property rights should be fairer, particularly for couples who have shared a home and contributed financially, even if only one partner’s name is on the deeds.
Whilst most agree that there should be legal protections in place for cohabiting couples, there remains debate about what this could look like in practice. 58% thought an opt-in system would be preferable, encouraging couples to make their own decision about their legal and financial position through a legally binding cohabitation agreement. However, nearly 40% would favour an opt-out system, automatically enrolling couples after a certain amount of time cohabiting, or a shared child. Couples would then need to apply to remove the protections.
The Role of Education
The key factor in these changes (or even lack, thereof) is education. Many people just don’t realise how little legal protection cohabiting couples have, as highlighted by Stowe’s external survey
There is, of course, a requirement for family law professionals to be upfront with clients about their rights and needs. However, better public education is key. Couples need to understand their legal standing to make informed choices about cohabitation agreements, property ownership, and financial planning. After all, no one wants to find out they are unprotected the hard way.
So, What’s Next?
The debate over cohabitation reform isn’t going anywhere. Whilst there is broad support for change, the details remain up for discussion. How do we protect vulnerable individuals without imposing unwanted obligations on couples who deliberately chose not to marry? It’s a question that needs thoughtful answers—and, hopefully, action.
Sarah Gillen is a Senior Associate at Stowe Family Law
