Cohabitation reform: the pace picks up
The long overdue reform of cohabitation law could come sooner than expected after the government announced it would ask the public for its views later this year.
It’s a move welcomed by Wards Solicitors who have been part of the growing campaign for urgent change in this area of the law.
Like family lawyers all over England and Wales, we are heartened by the fact that the current government has decided to start the overhaul of current cohabitation law imminently and not wait until existing work on marriage and divorce law has been completed, as the previous administration outlined.
What will the cohabitation consultation process involve?
Lord Ponsonby of Shulbrede, the minister in charge of family justice, marriage and divorce, told a House of Commons Select Committee that a formal consultation will begin later this year ‘to build public consensus on what cohabitation reform should look like’.
During this process, members of the public will be invited to submit their views to help inform decision making going forward.
Why is the need for cohabitation reform so pressing?
The need for cohabitation legal reform has never been more urgent as the number of cohabiting families continues to rise, projected to make up one in four couples by 2031.
The existing legal framework for cohabiting couples is outdated and confusing and leaves many without the protection they deserve, most commonly women and children.
Many cohabiting couples remain unaware they have inferior legal protection when it comes to finances and property compared to married couples with an ongoing misconception that common law marriage exists.
The reality is that breaking up with a cohabiting partner can leave you and your children in a financially vulnerable position.
What should cohabiting couples do now?
Until the law changes, there are no automatic legal protections for cohabiting couples which means you can be left at a major disadvantage if your relationship breaks down.
Knowing this is key – because then steps can be taken to protect your legal position and that of any children.
If your relationship is breaking down: Our skilled lawyers can help you to resolve your difficulties with your partner, either by negotiating a settlement or if necessary, taking the matter to court.
If you are in, or starting, a cohabiting relationship: Our lawyers can help you with drafting agreements which can provide some protection, including:
- A Cohabitation Agreement which sets out what agreements you have reached with your partner about finances, property and children
- A Declaration of Trust which deals with any property owned by you
- Making and regularly reviewing your Will, which will provide protection for your loved ones on your death
Click here to read what we have written on this recently.
Get in touch
Wards Solicitors is recommended in the independent Legal 500 guide for 2025 for its outstanding professional service standards and high levels of expertise amongst its lawyers.
We have also just been named Regional Law Firm of the Year by Bristol Law Society.
Our specialist Cohabitation Team is made up of solicitors Chloe King and Rebecca Max. They are both members of Resolution, a community of family justice professionals which has played a key role in calling for cohabitation reform.
Chloe and Rebecca can help in disputes concerning the ownership of property, whether registered in joint names or one person’s sole name.
This includes unmarried couples, family members and friends who may find themselves in a difficult situation if one person wishes to sell the property or move out.
Contact them to arrange a free 30 minute, no obligation initial consultation.
Email: chloe.king@wards.uk.com Phone: 0117 929 2811
Email: rebecca.max@wards.uk.com Phone: 01454 204880