Cohabitation reform: Why we’re part of the drive to make the law fair for cohabiting families
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.
Resolution, a community of family justice professionals to which we at Wards Solicitors belong, recently hosted an event in the House of Commons with MPs, Ministers and Select Committee Chairs in a bid to accelerate the speed of this much needed reform.
We are right behind this push for change but until it happens, it’s vital that cohabiting couples stay informed about their rights and make the most of the protection afforded by cohabitation agreements in particular.
Why is the need for cohabitation reform so pressing?
The existing legal framework for cohabiting couples is outdated and confusing and leaves many without the protection they deserve, most commonly women and children.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.
Recent statistics show:
- 47% of cohabitees are unaware they lack rights in the event of a split.
- 74% of cohabitees agree that ‘the current laws surrounding cohabitation are unfit for today’s modern society’.
- 75% of Resolution members support a change in the law to provide basic rights to cohabiting couples.
Where does the current legislation stand?
As long ago as 2005, the Law Commission said current law led to injustice for cohabiting couples because it was not designed for them.
It recommended a new, fairer set of financial remedies but in 2011, the then coalition government decided not to proceed with these.
In the summer of 2024, the Labour Party, in its pre-election manifesto, promised to ‘strengthen the rights and protections available to women in cohabiting couples.'
However, the King’s Speech on 17 July did not include cohabitation law reform in the new government’s upcoming legislative programme.
This means it is likely to be some considerable time before the law is changed.
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. This includes:
- Taking out a Cohabitation Agreement
- Looking at a Declaration of Trust
- Making and regularly reviewing your Will
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.
If you are in a cohabiting relationship and need help with a Cohabitation Agreement please contact any member of our Family Team.
Our specialist Cohabitation Team made up of solicitors Chloe King and Rebecca Max, both Resolution members, 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