Cohabiting couples – those living together without marriage or a civil partnership – now represent over 3.6 million UK households. Despite their growing prevalence, many remain unaware of the legal gaps leaving them vulnerable during separation, bereavement, or financial disputes. This article examines the current legal landscape, ongoing reforms, and practical steps to protect your rights under British law.

The Myth of “Common Law Marriage”

A widespread misconception is that long-term cohabitation grants rights similar to marriage. This is false: England and Wales do not recognise “common law marriage,” regardless of relationship duration or shared children. Unmarried couples lack automatic claims to:

Joint property unless legally co-owned
Financial support post-separation
Inheritance without a valid will
Pension or life insurance entitlements

Nearly half of cohabiting couples mistakenly believe they have these protections, often leading to severe financial hardship when relationships end.

Key Legal Risks for Unmarried Partners

1. Property Disputes
If a home is in one partner’s name, the other has no automatic ownership rights, even if they contributed to mortgage payments or renovations. Jointly owned properties default to equal splits unless a Declaration of Trust specifies otherwise.

2. Financial Vulnerability
Unlike divorcees, cohabiting partners cannot claim spousal maintenance or childcare cost support. Primary caregivers often face significant financial strain if unable to work.

3. Inheritance Gaps
Without a will, surviving partners inherit nothing – including from jointly owned homes. Only 14% of couples use cohabitation agreements to clarify inheritance wishes.

4. Parental Responsibility
While mothers automatically hold parental rights, fathers must be named on birth certificates or secure legal agreements.

Current Reforms and Proposed Changes

Pressure for reform has grown since the Law Commission’s 2007 report recommending opt-out financial protections. Recent developments include:

2024 Labour Manifesto: Pledged stronger rights for cohabiting women
2025 Government Consultation: Announced to draft cohabitation legislation
Resolution’s Blueprint: Advocates for automatic financial remedies (with opt-out options) and childcare cost support

Protecting Your Rights: 3 Essential Steps

1. Cohabitation Agreements
These legally binding contracts outline asset division, childcare responsibilities, and financial arrangements during or after the relationship. Courts increasingly uphold them under contract law.

2. Joint Property Safeguards

Use a Declaration of Trust to record financial contributions
Update ownership deeds for joint purchases

3. Updated Wills and Pensions

Name your partner as a beneficiary in wills
Designate them on pension death benefit forms

The Road Ahead

While proposed reforms aim to address legal gaps, progress remains slow. Until legislation changes, cohabiting couples must proactively secure their rights. As Jo Edwards, chair of Resolution’s family law reform committee noted regarding a study into cohabitation laws: “Choosing not to marry shouldn’t exclude individuals from legal protection when relationships end.”

Key Takeaway: Consult a family law specialist to draft a cohabitation agreement – a 2023 study found these reduce post-separation disputes by 76%. With 50% of cohabiting couples never planning to marry, such protections are no longer optional but essential.

For tailored advice on cohabitation agreements or property rights, contact our family law team. Proactive legal planning ensures fairness and clarity, whatever the future holds.

Cohabiting Couples: Understanding Legal Rights

Nazmin Sultan-Khan