Government acts to improve legal rights for cohabiting couples

On 5^th June the government launched a landmark consultation aimed at modernising family law and better reflecting the realities of contemporary relationships. The proposed reforms could provide much-needed financial protection for more than 3.5 million unmarried couples across England and Wales, addressing longstanding gaps in legal rights for cohabiting partners. The consultation seeks to strengthen protections for 3.5 million couples who currently live together but choose not to marry or enter into a civil partnership. If implemented, the changes could help reduce the financial hardship many individuals face when a cohabiting relationship breaks down or when a cohabiting partner dies.

As family lawyers, we regularly advise clients who are surprised to discover that cohabitation does not provide the same legal rights as marriage or civil partnership, especially when some couples have been together several years and may also have children together. This misconception can have serious consequences when a relationship breaks down, making legal reform an important consideration for modern families.

‘Common law spouse’ myth

The widespread belief in the concept of a ’common law spouse’ continues to create confusion. In reality, there is currently no such legal status. As a result, many cohabiting couples find themselves with limited rights and protections when relationships end, regardless of how long they have lived together or whether they have children.

This legal gap can lead to significant financial insecurity, particularly for individuals who may have made sacrifices during the relationship, such as giving up a career to care for children or contributing to a home that is legally owned by their partner.

For many family law practitioners, these proposals represent a long-overdue recognition of the changing nature of family life. For far too long unmarried couples have been placed at a disadvantage on relationship breakdown, suffering financial hardship and in some cases enabling the continuation of domestic abuse after relationship breakdown. The law has simply not kept up with the modern world and increased number of couples choosing to cohabit rather than to marry.

The Government’s consultation is designed to explore ways of creating a far fairer framework for cohabiting couples, ensuring that the law keeps pace and provide greater financial security for cohabiting partners following separation to include better protections for survivors of domestic abuse, automatic rights to inheritance for bereaved unmarried partners and better financial security on relationship break down.

In launching the consultation Deputy Prime Minister, David Lammy, said:

“When a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life. We’re launching this consultation to make sure our new family law builds a fair system that offers the most vulnerable protection in the event of a breakup, and at a time where the country is facing cost of living pressures. Whether you’ve been left bereaved by the sudden and unexpected death of a partner, or escaped horrific domestic abuse, our laws should work to protect you. These reforms strike an important balance between tradition and modernity. I’m determined that our justice system should work for everyone who needs it.”

What happens next?

The consultation marks the beginning of an important discussion about the future of family law. While no immediate legal changes have been introduced, the Government is seeking views on how best to reform the current system and provide greater certainty and protection for cohabiting families. Should reforms follow, they could represent one of the most significant developments in family law in recent years, affecting millions of couples across the country.

Pending these reforms, steps can still be taken to protect rights of a cohabiting couple. If you are currently in an unmarried relationship, please contact us for advice about your options and rights.