UK Cohabiting Couples Lack Legal Protections, Sparking Calls for Reform

In the UK, an estimated 3.6 million people are living together as unmarried couples, often under the mistaken belief that they are in a "common law marriage" with legal rights. However, the concept of common law marriage does not exist under British law, leaving cohabiting partners without the same protections as married couples or those in civil partnerships.

The lack of legal recognition for cohabiting relationships can lead to devastating consequences if the couple separates, particularly for the financially weaker party. "Cohabiting couples have no automatic rights to ownership of each other's property on separation," explains family law expert Jane Keir. "If a cohabiting couple splits up, they would not necessarily be entitled to share in (or claim against) assets held in the other's sole name."

Family lawyers have long advocated for modernizing the law to provide greater protections for cohabiting couples. The Labour party has pledged to introduce legal reforms, with shadow attorney-general Emily Thornberry stating last year, "Ending the injustice of unequal rights for cohabiting couples is a key priority for Labour." The party is currently consulting with experts and examining approaches taken in other jurisdictions.

Why this matters: The lack of legal rights for cohabiting couples affects millions of people in the UK and can have severe financial and emotional consequences when relationships end. Reforming the law to provide greater protections is seen as a critical step in modernizing family law and ensuring fairness for all couples, regardless of marital status.

Despite the urgent need for change, progress has been slow. Policymakers face the challenge of striking a balance between protecting vulnerable individuals and respecting the choice of those who consciously opt out of marriage or civil partnerships. Until reforms are enacted, legal experts advise cohabiting couples to seek legal advice to protect their rights, such as through cohabitation agreements and declarations of trust. As the number of cohabiting couples continues to rise, the pressure for legal change is expected to intensify in the coming years.

Key Takeaways

• 3.6 million people in the UK cohabit without legal marriage rights
• Cohabiting couples lack automatic rights to shared property on separation
• Labour party pledges to reform laws to protect cohabiting couples
• Lack of legal rights can have severe financial and emotional consequences
• Cohabiting couples advised to seek legal advice to protect their rights