Will Cohabitation Reforms Change Rights for Unmarried Couples?

Apr 2025 In: Family

Early this year, in response to increasing pressure from legal professionals and campaigners, the UK government has announced a 2025 consultation on reforming cohabitation law. This area of family law has long been seen as outdated and no longer aligned with modern relationships. With over 3.6 million in England and Wales choosing to live together without marrying or entering a civil partnership, this reform could make a significant difference to the rights of unmarried couples.

What’s Happening?

A formal government consultation on cohabitation reform is expected to begin in 2025. This follows growing public and professional pressure to bring the law in line with modern relationship trends. The aim is to explore and potentially implement greater legal protections for cohabiting couples, particularly in cases of separation or death.

Currently, no matter the time they’ve lived together, cohabiting couples in England and Wales do not have any automatic legal rights to their partner’s property, pension, or assets. This has left many individuals vulnerable, especially following breakups or bereavement. The 2024 Labour manifesto also pledged to strengthen protections for women in cohabiting relationships, stating “We will strengthen the rights and protections available to women in cohabiting couples, as well as for whistleblowers in the workplace, including on sexual harassment.”

Lord Ponsonby, Minister for Family Justice, confirmed that the government is looking to “build public consensus” through the upcoming consultation, which will seek input from both professionals and the public.

Why Are Cohabitation Reforms Needed?

Cohabitation is now the fastest-growing family type in the UK. According to the Office for National Statistics, there are now 3.6 million cohabiting couple families in England and Wales (as of the latest census), up from just 1.5 million in 1996. A large portion of these couples are raising children together, with many younger generations choosing not to marry for financial and personal reasons.

Despite these trends, the law is still based on the idea that marriage is the norm. There is also widespread confusion about something called “common law marriage.” This is a myth that suggests long-term cohabiting couples acquire similar rights to married couples. However, in reality, no such legal status exists in England and Wales.

This misunderstanding often leads people to assume they are legally protected when they are not. Unfortunately, this is something many individuals only once it’s too late. Currently, the lack of legal protection often harms the financially weaker partner, especially in cases of domestic abuse or where one person has relied on the other for money.

The Proposed Cohabitation Reform Changes

Although the full details of the government’s reform plans are still to be outlined, campaigners and legal professionals have proposed a number of key changes, including:

Introducing a statutory framework for cohabiting couples who meet certain criteria (e.g., minimum period of cohabitation, shared finances, or children).
Allowing access to fair financial remedies in the event of separation, similar (but not identical) to divorce proceedings.
Creating inheritance rights for cohabitants who die without a will.
Clarifying rights around shared property, pensions, and parental responsibilities.

These proposals follow long-standing recommendations from the Law Commission, which has called for fairer treatment of cohabiting couples. Although the Commission made reports in 2007 and 2011, governments have been slow to act, mainly due to concerns about affecting the status of marriage.

Challenges the Cohabitation Reforms Will Need to Address

While there is a strong case for reform, introducing legal protections for cohabiting couples presents some challenges that will need addressing during the consultation process.

A key issue is how to define “cohabitation” in a legal context. Should eligibility for protection be based on the length of time a couple has lived together, whether they have shared finances, or if they have children? If the definition is too broad, it could place legal responsibilities on couples who didn’t expect them. But if it’s too narrow, it might leave many vulnerable couples without any help.

Another consideration is how to respect the autonomy of those who have deliberately chosen not to marry. Many people cohabit to avoid legal or financial obligations. Therefore, any reform will need to find a balance between offering protection while preserving personal choice. Some have suggested letting couples opt out, but this would need to be clear and fair to prevent misuse or confusion.

There is also the risk of unintended consequences. Without clear boundaries, new laws could lead to increased litigation, and inconsistent outcomes. The government’s consultation will need to find a legal approach that’s fair and workable, one that reflects modern relationships without causing new legal problems.

Why Cohabitation Reforms Matter?

The lack of legal protections for cohabiting couples has left too many people, especially women and primary caregivers, financially exposed after relationship breakdowns. Reform is not about replicating marriage but about recognising the reality of how millions of people live and protecting them from hardship and injustice.

At Cartwright King, we’ve seen first-hand the emotional and financial turmoil that can follow the end of a cohabiting relationship. Until reforms are in place, it’s essential for unmarried couples to take steps to protect themselves legally, through cohabitation agreements, wills, and advice on property rights.

If you’re living with a partner and unsure of your legal rights, our Family Law team can help you understand your position and plan ahead. Contact us today to discuss your options and safeguard your future.