For decades, family lawyers have warned about the risks faced by couples who live together without marrying or entering into a civil partnership. Despite the widespread belief in the concept of a “common law marriage”, no such legal status exists in England and Wales. As a result, many separating cohabitants are surprised to discover how limited their legal protections are.
The Government’s consultation, A fairer end to relationships, has brought the issue back into the spotlight. The consultation considers whether reform is needed to strengthen protections for eligible cohabitants on separation and on death, while preserving the distinct legal status of marriage and civil partnership.
As a family solicitor at Reeds Solicitors, I regularly advise clients who assume they have the same rights as married couples, only to discover that the law takes a very different view. In this article, I explore what is currently being considered, why reform is under consultation, and some of the practical issues that may arise if any changes are ultimately implemented.
Why Are the Rules for Cohabitants Being Reviewed?
Modern family life looks very different from when much of family law was developed. Millions of couples now choose to live together without getting married or entering into a civil partnership for a range of financial, cultural and personal reasons. Yet, when those relationships break down, the law often relies on complex property and trust principles rather than a dedicated family law framework for separating cohabitants.
One of the recurring themes I see in practice is that many couples make major life decisions based on assumptions about their legal rights. One partner may reduce their working hours to care for children, contribute indirectly to mortgage payments, or invest years into a shared home, believing they will receive protection if the relationship ends.
One of the most common misconceptions I encounter is the belief that living together for a certain number of years automatically creates legal rights. There is no “magic number” of years. In many cases, these assumptions prove to be incorrect.
The Government has recognised that the current law may no longer reflect the reality of modern relationships and is seeking views on whether a clearer statutory framework should be introduced for eligible cohabitants.
What Changes Are Being Proposed?
The consultation covers several areas of family law reform, but two areas are particularly relevant to cohabiting couples:
The first is the possible introduction of a statutory framework allowing eligible cohabitants to pursue financial claims following separation. The consultation suggests that any such framework would be narrower than the financial remedies available on divorce, with a particular focus on defined needs, financial vulnerability, contributions and the welfare of children.
The second concerns inheritance on death. At present, unmarried partners do not automatically inherit under the intestacy rules if their partner dies without a valid will. The consultation seeks views on whether qualifying cohabitants should have automatic inheritance rights, and how any such rights should interact with existing claims for reasonable financial provision from an estate.
These proposals are significant, but they are not yet law. The consultation remains part of the policy-making process and any eventual legislation may differ from the options currently being explored.
Who Would Qualify Under the Proposed Reforms?
One immediate question is who would qualify for any new rights. The consultation seeks views on eligibility criteria, including whether protection should depend on the length of the relationship, whether the couple lived together with a child, and what evidence would be required to prove the nature and duration of the relationship.
These questions may seem technical, but they are often where disputes begin.
For example, I have acted for clients where one party viewed the relationship as a long-term partnership equivalent to marriage, while the other regarded it as a more informal arrangement. Determining when cohabitation began, whether finances were genuinely shared, or whether promises were made about future ownership can quickly become contentious.
Any future legislation will need to balance protecting vulnerable individuals with avoiding unnecessary uncertainty and litigation. That balance may prove challenging.
What Should Cohabiting Couples Be Doing Now?
A common question I expect to receive following these proposals is whether couples should simply wait for the law to change. My advice would generally be no.
Even if reforms are ultimately introduced, implementation could take considerable time, and the final legislation may look different from the current consultation proposals.
Another regular issue involves property ownership. Many couples purchase a home without properly considering the legal implications of how ownership is structured. Others contribute financially to a property held solely in their partner’s name without keeping records of those contributions. When relationships are strong, these issues often seem unimportant. Unfortunately, separation can transform informal understandings into complex legal disputes.
I also frequently advise clients who have never made a will because they assumed their partner would inherit automatically. In many cases, the absence of a will can create unintended consequences and significant difficulties for surviving family members.
There are already practical steps that cohabiting couples can take to protect themselves, including:
- Entering into a cohabitation agreement.
- Recording beneficial interests in property.
- Preparing or updating wills.
- Reviewing pension nominations.
- Keeping clear records of significant financial contributions.
These measures can often prevent expensive disputes arising later and provide greater certainty for both parties.
How a Family Solicitor Can Help
One aspect of family law that is often overlooked is how much can be achieved through early legal advice. Many of the most difficult cohabitation disputes I see could have been avoided had legal advice been sought at the outset of a relationship, when purchasing a property, or following a significant change in circumstances.
At Reeds Solicitors, we advise clients on:
- Cohabitation agreements.
- Property ownership disputes.
- Trust of Land (TOLATA) claims.
- Financial arrangements involving children.
- Planning arrangements to help reduce the risk of future disputes.
Importantly, obtaining legal advice is not simply about understanding your rights. It is about understanding your options, identifying potential risks before they become problems, and putting arrangements in place that reflect your individual circumstances.
About the Author
Irrum Shah is a Senior Associate Solicitor in the Private Family Law team at Reeds Solicitors. She advises individuals and families on the legal issues that arise following relationship breakdown, including disputes between unmarried couples, financial matters and arrangements for children. Irrum also prepares cohabitation agreements and advises clients on property ownership, helping them protect their interests both during a relationship and if it later comes to an end.
If you would like advice on any aspect of family law, please contact our specialist family solicitors by calling 0333 023 7744 or emailing [email protected].
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