YouGov data commissioned by Forsters reveals strong demand for rights for cohabiting couples and confusion over current legal protections.
The data supports the London firm’s own evidence of a 50% increase in cohabitation agreement requests, which it says reflects rising concerns over legal gaps.
The YouGov poll of 2,108 UK adults found that almost two thirds (60%) believe unmarried couples should be able to leave assets to each other free of inheritance tax. Amongst cohabiting couples, that figure rose to 81%.
Half of those questioned (52%) said unmarried couples who have children together should be eligible for rights within the first five years of living together.
Over 65s were most likely to say cohabiting couples who separate should be able to make capital claims against each other, while people with household incomes of £50,000 or more were the income group most likely to support capital claims.
Jo Edwards, partner and head of family at Forsters, said: “For too long, families have been let down by laws that don’t reflect how people live. This new data, coupled with the 50% rise we’ve seen in cohabitation agreements, shows that people want fairness and clarity, while ensuring that the needs of children trump all else.
“The findings suggest the need for a modernised yet balanced reform approach: one that respects autonomy and possible concerns in some quarters about imposing automatic rights and responsibilities on unmarried couples, while ensuring that those in more vulnerable positions receive appropriate legal protection. Any new framework must strike that balance carefully and proportionately.”
Sebastian Burrows, partner in the family team at Birketts LLP, agrees. “A change in the law is needed to provide defined rights in clear circumstances,” he said.
“Whether that’s after five years together, or sooner, protections must be based on fairness and common sense, not Victorian sensibilities.”
He added: “’Common law marriage’ is probably the greatest family law myth. Surely that speaks volumes, when society assumes something so deeply rooted in fairness and common sense.
“Cohabiting couples increased by more than 20% in the decade to 2022. With marriage declining, this is a serious and increasing hole in our family justice system, failing adequately to protect almost 1.4 million individuals now than in 2012.
“Family lawyers seek as robustly as possible to protect people in this position, but they depend on people planning their futures together. People just want to live, but when one ends the relationship or dies, the legal vacuum can hit like a train.”
