Cohabitation in Crisis: Why UK Law Fails Modern Relationships

In today’s society, relationships are evolving—but the law has not always kept pace.

One of the most pressing examples of this is the legal treatment of cohabiting couples in the UK.

While more and more people are choosing to live together without getting married or entering into a civil partnership, the law still offers them little to no protection if the relationship breaks down.

The Rise of Cohabitation

Cohabitation, where a couple live together without being married or in a civil partnership, is the fastest-growing family type in the UK. According to the Office for National Statistics (ONS), there are now over 3.6 million cohabiting couple families in the UK. Many of these couples have children, share homes, and pool finances much like married couples.

Despite this, cohabiting partners remain in a legal grey area. Many people assume that living together for a long time creates some kind of legal status—often referred to as “common law marriage.” However, this is a myth. The concept of common law marriage has no legal basis in the UK, no matter how long a couple has been together or whether they have children.

How the Law Currently Works

When a married couple or civil partners separate, the law provides a framework for fairly dividing assets, property, and responsibilities. Courts can consider factors like the length of the relationship, financial and non-financial contributions (like childcare), and each person’s needs.

In contrast, cohabiting couples do not have access to these protections. If they separate, the starting point is not fairness, but strict legal ownership. This can lead to deeply unjust outcomes.

For example:

• If the family home is in one partner’s name, the other partner has no automatic right to stay or claim a share—no matter how long they have lived there or how much they have contributed.

• There is no legal obligation for one partner to financially support the other after separation.

• Inheritance laws do not automatically benefit cohabiting partners, meaning a surviving partner could be left with nothing if their partner dies without a will.

Real-Life Consequences

These legal shortcomings can have devastating effects. One partner, often the one who stayed home to care for children, may find themselves without a home, income, or assets after a breakup. With no legal safety net, many are forced into lengthy and expensive court battles simply to secure a fair outcome.

The lack of rights also creates uncertainty. Couples may wrongly believe they have legal protection, only to find out otherwise when it is too late. This is particularly common where one partner has given up work to support the family, or when only one partner legally owns the home.

The Call for Reform

There is growing recognition among legal professionals, campaigners, and policymakers that the law needs urgent reform. Organisations such as Resolution (the association of family lawyers) and the Law Commission have long called for legal changes that would give cohabiting couples some of the rights and responsibilities that married couples and civil partners enjoy.

The Law Commission has proposed introducing a legal framework that would allow cohabiting couples to make financial claims if they separate, provided certain conditions are met, for example, a minimum period of cohabitation or having children together. These proposals are not about giving cohabiting couples the same rights as married couples but about creating a fair and balanced system that reflects the reality of modern relationships.

Several other countries, including Australia, Canada, New Zealand and parts of the United States, already offer greater legal protection for cohabitants. Reform in the UK would bring the law more in line with the lived experiences of millions of people.

What You Can Do Now?

Until the law changes, it is vital for cohabiting couples to take steps to protect themselves.

This can include:

• Making a cohabitation agreement, which sets out how finances, property, and other responsibilities will be handled during the relationship and in the event of separation.

• Ensuring both partners are named on property deeds or rental agreements.

• Writing wills to ensure that a partner is provided for in the event of death.

• Seeking legal advice to understand your rights and obligations.

These steps can help reduce the risk of financial and emotional distress, but they are no substitute for proper legal protection.

Cohabiting couples deserve a legal framework that reflects their commitment and contributions not a system that punishes them for not ticking the marriage box.

How we can help?

If you are about to start living with your partner, are in a cohabiting relationship, or about to leave a cohabiting relationship then you should take specialist legal advice about your situation.

The Mayo Wynne Baxter Family and Relationships team provide tailored and specialist advice to clients on cohabitation issues.

We have offices throughout the South-East and in London and our specialist team can meet with you in person or virtually.

Contact us now to discuss your situation and to learn how we can help you.

Grant Parker, Partner

gparker@mayowynnebaxter.co.uk

0800 84 94 101