Current situation
In the UK today there are more than 3.6 million cohabitating couples. A cohabiting relationship is used to describe people who live together, usually in an intimate or sexual relationship, but who are neither married nor civil partners.
Across the UK cohabiting couples are the fastest-growing family type. In 2022 they made up 18% of all families and accounted for three-quarters of the total growth in the number of families in the UK in the last 10 years. The office for National Statistics has provided that the proportion of people who live in a couple that are cohabiting has increased from 20.6% in 2011 to 24.3% in 2021, an increase across all age groups aged under 85 years.
Common misconception
It is a common misconception that cohabiting couples have the same legal rights as married couples. Many believe that there is protection by way of ‘common law marriage’ however this is a myth, and no such protection exists. The laws relating to cohabitants is a matrix of property law, family law and trust law and is often complex and unclear.
In circumstances where married or civil partnership couples separate, by law they are entitled to make claims against each other’s income and capital. This includes for example property, pensions, savings, business assets and spousal maintenance. In contrast, the current law does not provide for a cohabitee to have automatic rights to their partner’s property, income, capital or pension on separation no matter how long their relationship has lasted.
The current legal position
The current legal position when a cohabiting couple separate is: –
- Neither party can claim maintenance from the other (except for maintenance for any children of the relationship which can usually be claimed from the Child Maintenance Service)
- Ownership of the home will be determined by land law principles. Where only one partner owns the property, the non-owning partner may be able to obtain rights to live in the home, prevent their partner from living in their home or obtain a share of the net proceeds of sale when it is sold, if they can demonstrate that they have contributed to it.
- Where a cohabiting couple with children separate, one partner can ask the court to transfer the property into their name whether the property is jointly owned or owned by the other partner and they are to maintain care of the children there.
- Cohabiting couples have no automatic rights in relation to death-in-service benefits under their partners’ pension scheme and will not receive a widows or widowers pension.
- If a cohabiting partner is made bankrupt, sale of the family home can be delayed only if there are dependent children, and then only for a period of 12 months.
- If a cohabiting partner dies without a will there is no provision under current law for the other partner automatic entitlement to obtain any part of their deceased partner’s estate on death, but children of the couple will have a claim.
When can we expect changes?
The Law Commission carried out a report in 2007 which made recommendations that the law surrounding cohabitation needed to be updated and therefore the reform has been anticipated for a long time.
On the 10th October 2023 at a speech made by Emily Thornberry at the Labour Party Conference she announced that the Labour government would reform the law for cohabiting couples. Within the Labour Party Manifesto 2024, they state the following ‘We will strengthen the rights and protections available to women in cohabiting couples.’
It is likely to be some considerable time before legislation to address these issues passes through the necessary stages to become law.
Considerations for cohabiting couples
Based on the current law it is sensible to review your financial circumstances and plan for the future. Addressing the financial circumstances of your relationship in advance reduces the risk of future disputes.
Cohabiting couples may wish to consider:-
- Cohabitation Agreement – This requires both individuals within a relationship to discuss finances and set out the intentions in relation to this. Financial issues are often a key factor in relationship breakdowns. Such an agreement can help you to decide how you will manage your financial relationship while you are together and make provision for, what would happen if the relationship were to break down.
- Making a will – This will allow for you to set out your wishes in the event you were to pass away. Married couples may automatically inherit from each other if one spouse dies without having made a will. However, unmarried couples have no such automatic rights, so it is important to make a will to ensure that wishes are carried out.
If you require any further advice, please contact Georgia Tew or a member of our family team to discuss a cohabitation agreement or to clarify what your position would be if you were to separate from your partner. We offer a free initial 30-minute consultation for family related issues.
Current situation
In the UK today there are more than 3.6 million cohabitating couples. A cohabiting relationship is used to describe people who live together, usually in an intimate or sexual relationship, but who are neither married nor civil partners.
Across the UK cohabiting couples are the fastest-growing family type. In 2022 they made up 18% of all families and accounted for three-quarters of the total growth in the number of families in the UK in the last 10 years. The office for National Statistics has provided that the proportion of people who live in a couple that are cohabiting has increased from 20.6% in 2011 to 24.3% in 2021, an increase across all age groups aged under 85 years.
Common misconception
It is a common misconception that cohabiting couples have the same legal rights as married couples. Many believe that there is protection by way of ‘common law marriage’ however this is a myth, and no such protection exists. The laws relating to cohabitants is a matrix of property law, family law and trust law and is often complex and unclear.
In circumstances where married or civil partnership couples separate, by law they are entitled to make claims against each other’s income and capital. This includes for example property, pensions, savings, business assets and spousal maintenance. In contrast, the current law does not provide for a cohabitee to have automatic rights to their partner’s property, income, capital or pension on separation no matter how long their relationship has lasted.
The current legal position
The current legal position when a cohabiting couple separate is: –
- Neither party can claim maintenance from the other (except for maintenance for any children of the relationship which can usually be claimed from the Child Maintenance Service)
- Ownership of the home will be determined by land law principles. Where only one partner owns the property, the non-owning partner may be able to obtain rights to live in the home, prevent their partner from living in their home or obtain a share of the net proceeds of sale when it is sold, if they can demonstrate that they have contributed to it.
- Where a cohabiting couple with children separate, one partner can ask the court to transfer the property into their name whether the property is jointly owned or owned by the other partner and they are to maintain care of the children there.
- Cohabiting couples have no automatic rights in relation to death-in-service benefits under their partners’ pension scheme and will not receive a widows or widowers pension.
- If a cohabiting partner is made bankrupt, sale of the family home can be delayed only if there are dependent children, and then only for a period of 12 months.
- If a cohabiting partner dies without a will there is no provision under current law for the other partner automatic entitlement to obtain any part of their deceased partner’s estate on death, but children of the couple will have a claim.
When can we expect changes?
The Law Commission carried out a report in 2007 which made recommendations that the law surrounding cohabitation needed to be updated and therefore the reform has been anticipated for a long time.
On the 10th October 2023 at a speech made by Emily Thornberry at the Labour Party Conference she announced that the Labour government would reform the law for cohabiting couples. Within the Labour Party Manifesto 2024, they state the following ‘We will strengthen the rights and protections available to women in cohabiting couples.’
It is likely to be some considerable time before legislation to address these issues passes through the necessary stages to become law.
Considerations for cohabiting couples
Based on the current law it is sensible to review your financial circumstances and plan for the future. Addressing the financial circumstances of your relationship in advance reduces the risk of future disputes.
Cohabiting couples may wish to consider:-
- Cohabitation Agreement – This requires both individuals within a relationship to discuss finances and set out the intentions in relation to this. Financial issues are often a key factor in relationship breakdowns. Such an agreement can help you to decide how you will manage your financial relationship while you are together and make provision for, what would happen if the relationship were to break down.
- Making a will – This will allow for you to set out your wishes in the event you were to pass away. Married couples may automatically inherit from each other if one spouse dies without having made a will. However, unmarried couples have no such automatic rights, so it is important to make a will to ensure that wishes are carried out.
If you require any further advice, please contact Georgia Tew or a member of our family team to discuss a cohabitation agreement or to clarify what your position would be if you were to separate from your partner. We offer a free initial 30-minute consultation for family related issues.