The Urgent Case for Cohabitation Law Reform

There is a widespread, dangerous myth in the UK known as “common law marriage.” Millions of cohabiting couples mistakenly believe that living together for a certain number of years automatically grants them the same legal rights as married couples.

Under current law, this is completely false.

Unmarried partners who separate often find themselves with zero automatic rights to financial support, the family home, or their partner’s pension.

With cohabitation remaining the fastest-growing family structure in the UK, pressure on the government to modernise the law is reaching a crescendo. Legal experts and advocates, such as Resolution are pushing hard for a comprehensive statutory framework. This reform aims to give eligible cohabitants basic financial safety nets and clearer inheritance rights if the relationship ends, or a partner passes away. In Ireland and Scotland both of those jurisdictions already have such protection. England and Wales is much behind.

Until the law officially catches up with modern society, unmarried couples must take proactive steps to protect their position. Options are a Declaration of Trust or a Cohabitation Agreement and perhaps, an updated Will as the only reliable tools to protect both partners. Relying on misconceived and outdated property and trust laws leaves many vulnerable families exposed to severe financial hardship.

There is presently a government consultation on the subject which is due to close in August 2026. Link below. It’s findings may hopefully result in positive legislation.

Article written by Ashley

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