More cohabiting families than ever before: What do you need to know about the law?
The number of cohabiting, unmarried families is continuing to grow leaving many without the legal protection they deserve, most commonly women and children.
According to the latest figures from the Office of National Statistics, 60.5% of people in England and Wales are now in a cohabiting relationship, up from 5.5 million in 2014 to 6.5 million in 2024.
There has also been a marked decline in marriage rates, the data reveals, with 49.5% of people aged 16 and over married or in a civil partnership in 2024, down from 51.5% a decade earlier.
These figures highlight the pressing need for long awaited legal reform – which we back all the way – to update the existing outdated and confusing legal framework for cohabiting couples.
Are cohabiting couples adequately protected by existing laws?
The answer is a resounding no.
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 and property.
- 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.
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Get in touch
Wards Solicitors is recommended in the independent Legal 500 guide for 2026 for its outstanding professional service standards and high levels of expertise amongst its lawyers.
We are also Bristol Law Society’s Regional Law Firm of the Year.
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.