The long-anticipated reform of cohabitation law could arrive sooner than expected, as the government has confirmed plans to launch a consultation on the issue this year.
Labour’s 2024 manifesto pledged to strengthen legal rights and protections for women in cohabiting relationships. Responding to questions from the House of Commons justice select committee, Lord Ponsonby of Shulbrede, the minister overseeing family justice, marriage, and divorce, stated that a formal consultation will be issued this year to “build public consensus on what cohabitation reform should look like”.
The minister emphasised that the current administration does not share the previous government’s stance that reform must wait until work on marriage and divorce laws is completed. Nick Gova, partner and head of family at London law firm Spector Constant & Williams said:
“Cohabiting couples are the fastest growing type of family and they are ignored by the law as it stands. There is very little protection available if a relationship breaks down and the financially weaker individual will lose out significantly.
Giving more rights to cohabiting couples would help to protect victims of domestic abuse. The sad reality is that abusers take advantage of the current lack of legal protection. They know their victims cannot afford to leave the relationship and would have no financial independence or ability to rebuild their lives. The law in this area is long-overdue for reform.
“Whilst reform is needed, this must be properly considered and finely balanced with the rights conferred to married couples. The incentive and sanctity of marriage should be protected.”
Family law group Resolution has long criticised the current cohabitation laws as “unfair,” arguing they leave many families facing financial hardship. The House of Commons women and equalities committee previously urged the government to introduce an opt-out cohabitation scheme, as proposed by the Law Commission in its 2007 report, to protect economically vulnerable cohabitants.
The number of cohabiting couples in the UK has risen from approximately 1.5 million in 1996 to over 3.6 million today.
One Response
Other countries like Australia dealt with this issue decades ago. De facto couples who have cohabited for 3 years are treated in the same way as those who are married. It’s a nonsense treating committed cohabitating adults differently essentially based on law informed by religious values.