... Why Planning Ahead Matters
More couples than ever before are choosing to live together without getting married.
According to the Office for National Statistics, cohabiting couples are now the fastest-growing family type in the UK, with millions of couples choosing to build lives, buy homes and raise children together without entering into a marriage or civil partnership.
Yet despite the significant social changes we have seen over recent decades, the law has struggled to keep pace.
As we wait with baited breath for the Government to launch its long-overdue consultation into cohabitation law reform, expected to launch this Spring, many families are discovering that the legal protections they assumed existed simply do not.
At Susan Howarth & Company Solicitors, we regularly advise clients who are shocked to learn that living together for years – even decades – does not automatically create legal rights when a relationship ends.
The Common Law Marriage Myth
One of the most persistent misconceptions in family law is the belief that "common law marriage" exists.
Many people believe that after living together for a certain number of years, they acquire the same legal rights as a married couple.
Unfortunately, this is not true.
No matter how long a couple has lived together, cohabiting partners in England and Wales do not acquire the legal status of spouses.
This means that if the relationship breaks down:
- There is no automatic right to financial support from a former partner.
- There is no automatic entitlement to a share of pensions.
- There is no automatic right to assets held solely in a partner's name.
- There is no automatic entitlement to inherit if a partner dies without a Will.
For many couples, this comes as an unwelcome surprise at an already difficult time.
Why Cohabitation Can Leave Families Vulnerable
Modern relationships are often built on partnership and shared sacrifice.
One partner may reduce their working hours to care for children. Another may support a partner's career progression. Families often make decisions together based on what is best for the household as a whole.
However, the law does not always recognise those contributions when a cohabiting relationship ends.
For example, imagine a couple who have lived together for 15 years and have two children. The family home is owned solely by one partner. The other has spent years caring for the children and managing the household.
If the relationship breaks down, the non-owning partner does not automatically have a right to a share of the property simply because they lived there or contributed to family life.
Instead, they may need to bring a complex and often expensive legal claim involving property and trust law.
These disputes can be highly technical, emotionally draining and costly to resolve.
What About Children?
The law does provide some protection where children are involved.
Parents can seek child maintenance through the Child Maintenance Service, and in certain circumstances financial provision may be available under Schedule 1 of the Children Act 1989.
This can include:
- Housing provision for children
- Lump sum payments
- Additional financial support linked to a child's needs
However, these arrangements are generally intended to benefit the child rather than the parent.
In many cases, housing provided for a child may only last until the child reaches adulthood or completes full-time education.
This can leave the primary caregiver facing significant financial uncertainty in later years.
Cohabitation Reform: What Could Change?
The Government's 2026 consultation is expected to consider whether the law should provide greater protection for cohabiting couples.
Whilst no final decisions have been made, several possible approaches are being discussed.
One option would be to create a legal framework allowing certain cohabiting couples to make financial claims when relationships end.
This would not necessarily place cohabiting couples on exactly the same footing as married couples.
Instead, a more limited scheme could be introduced, focusing on situations where:
- One partner has suffered financial disadvantage because of the relationship.
- One person has made sacrifices to care for children.
- There is clear economic dependence between partners.
- The relationship has lasted for a qualifying period.
Countries including Scotland and Ireland already have systems that provide some legal protections for qualifying cohabitants.
Any reforms in England and Wales are likely to follow a similar model rather than treating cohabitation and marriage identically.
The Challenge of Defining Cohabitation
One of the most difficult questions facing lawmakers is deceptively simple:
When does cohabitation begin?
Relationships rarely move from separate lives to full cohabitation overnight.
Many couples gradually spend increasing amounts of time together before sharing finances, purchasing property or formally moving in together.
Future legislation may need to consider factors such as:
- Length of cohabitation
- Financial interdependence
- Whether children are involved
- Shared living arrangements
- The nature of the relationship
These issues will be central to any future reforms.
Why Cohabitation Agreements Are Becoming Increasingly Important
While legal reform remains uncertain, there are practical steps couples can take now.
One of the most effective ways to protect both parties is through a cohabitation agreement .
A cohabitation agreement allows couples to record their intentions regarding:
- Property ownership
- Mortgage contributions
- Household expenses
- Savings and investments
- Debt responsibility
- Financial arrangements for children
- What should happen if the relationship ends
Far from being unromantic, many couples find that having open discussions about finances strengthens their relationship and avoids misunderstandings later.
A properly drafted agreement can provide certainty and reduce the risk of future disputes.
Property Ownership Matters
For many families, the family home is their most valuable asset.
How property is owned can have significant consequences if a relationship ends.
Questions that should be considered include:
- Is the property owned jointly or in one name?
- Have family members contributed towards a deposit?
- Is there a Declaration of Trust in place?
- Are mortgage payments being shared equally?
- Have non-financial contributions been recognised?
Parents and grandparents who help children onto the property ladder should also consider how future cohabitation reforms may affect gifts and financial assistance.
Without appropriate legal planning, family contributions intended to benefit one individual could potentially become the subject of dispute later.
Don't Forget Wills and Estate Planning
Many cohabiting couples are equally surprised to discover that they have limited rights if their partner dies without a Will.
Unlike spouses and civil partners, cohabiting partners do not automatically inherit under the rules of intestacy.
This means that regardless of the length of the relationship, a surviving partner could face financial uncertainty if appropriate estate planning has not been undertaken.
A professionally drafted Will remains one of the most important protections available to cohabiting couples.
Specialist Advice Matters
The law surrounding cohabitation is complex and potentially changing.
Whilst reform may provide additional protections in the future, those changes are unlikely to happen overnight and may not apply retrospectively.
For now, cohabiting couples should focus on protecting themselves through careful planning and specialist legal advice.
At Susan Howarth & Company Solicitors, our Family Law team regularly advises clients on:
- Cohabitation agreements
- Separation arrangements
- Property disputes
- Child arrangements
- Financial claims involving children
- Wills and future planning
Planning Today Can Prevent Problems Tomorrow
Whether you are moving in together, purchasing a property, starting a family or reviewing existing arrangements, now is the ideal time to consider your legal position.
The reality is simple: modern relationships have evolved significantly, but the law has not always kept pace.
Until reform arrives, cohabiting couples remain vulnerable in ways many simply do not realise.
By seeking advice early and putting appropriate agreements in place, couples can have confidence that their interests are protected and focus on building their future together.
Speak to Susan Howarth & Company Solicitors for Specialist Cohabitation Legal Advice
If you’re living with a partner, planning to move in together or concerned about your rights following a separation, our team of experienced Family Law specialists can help.
We offer FREE 30-minute Family Law clinic appointments for new clients and can provide practical, compassionate advice tailored to your circumstances.
Contact us today on 01606 48777 to discuss how we can help protect your future.
We’re here to help you.
This article is for general information only and does not constitute legal advice. For advice tailored to your circumstances, please seek professional legal guidance.
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