As relationships evolve, more couples are choosing to live together and cohabitate over marriage.
The social shift of cohabitating relationships is becoming more mainstream, yet laws still treat marriage as the gold standard.
When marriage and civil partnership rates have dropped, is it time for family law to start to reflect modern relationships?
Our Family Lae expert, Karen Bishop, investigates.
Why is family law calling for a change?
According to a report by the Office for National Statistics (ONS), 49.5 per cent of people aged 16 and over were married or in a civil partnership in 2024, which has dropped from 51.5 per cent in the last decade.
Family law experts and organisations have been urging for reform to reflect how people actually live today.
The Law Commission first proposed an opt-out cohabitation scheme in 2007, but successive governments have failed to act.
With a long-awaited step to fairness, the Government announced plans, following the 2024 manifesto pledge, to consult on cohabitation reform.
What are your rights if you cohabitate?
Despite the fall in legal unions, most adults still live together as part of a couple.
In 2024, the ONS estimated that 60.5 per cent of adults were living with a partner, whether that was married, in a civil partnership or cohabiting.
Cohabitation was once seen as the step before marriage but now it has become the norm.
This social shift has left a growing number of people exposed to legal vulnerability.
With common law marriage not existing in England or Wales, couples who live together have no automatic rights if they separate or one partner dies.
Without legal recognition, a partner who hasn’t contributed financially to property or assets may be left without a home or financial support.
How can reform reflect modern living?
With cohabitation rapidly growing more popular, the government is exploring ways to give unmarried couples fairer rights and financial protection.
Some potential reforms could include:
- An op-out cohabitation scheme that would grant cohabiting couples certain legal rights by default.
- Fairer property division laws that recognise both financial and non-financial contributions.
- Financial support after separation that could prevent financial strain on the lower-earning or non-earning partner.
Protecting cohabitating couples ensures that all families, regardless of marital status, are treated with fairness and dignity.
The Government consultation offers an opportunity to modernise family law for a society where commitment takes any form.
We can help guide you on the current legal gaps and ensure that you understand your legal rights.
If you need advice on your legal protection as a cohabitating couple, contact our team for help.