Government to Consult on Reforming Cohabitation Law

The Law Society Gazette recently reported that the government has confirmed it will soon consult on reforming cohabitation law. Lord Ponsonby of Shulbrede, the minister responsible for family justice, marriage, and divorce, announced in the House of Commons justice select committee that the public consultation will take place later this year. The government aims to gather opinions on how cohabitation law should evolve, especially regarding the rights of cohabiting couples on separation or the death of one partner.

Current Legal Landscape

Although the term “common law marriage” is frequently used, there is no legal concept of it. In the last 30 years, the number of couples choosing to live together without marriage has risen significantly, from 1.5 million in 1996 to over 3.6 million today. Many of these couples are also raising children together. Yet, despite this growing trend, legal protection for cohabitees—especially during relationship breakdowns—is limited. Cohabiting partners are not legally recognised as a couple, making it difficult to claim a share of the family home or assets in the event of separation.

The Risks of Staying Unmarried

Until cohabitation laws are reformed, unmarried couples remain vulnerable in cases of separation or death. This can complicate matters like purchasing property together, navigating intestacy rules (which apply if someone dies without a will), and dealing with inheritance tax.

At Machins Solicitors, we strongly advise unmarried couples to seek legal advice to protect themselves. Our experts can guide you through:

• Family Law: Consider a cohabitation agreement that outlines your financial and property intentions in case of separation, helping to avoid lengthy disputes.
• Wills: A will is essential to protect your partner in the event of your death. Without a will, an unmarried partner has no automatic right to inherit your property, regardless of how long you’ve lived together.
• Property Law: If you own property solely, transferring it to joint names or creating a declaration of trust ensures both partners’ financial interests are protected.

If needed, our team at Machins will connect you with the right experts in each area to ensure your financial and legal affairs are properly arranged.

Support for Reform

The legal community has long advocated for reforming cohabitation law. Resolution, a network of family justice professionals (including many of our team members), has campaigned for changes that would grant cohabiting couples “at least basic rights” upon separation or the death of a partner. This would bring much-needed clarity to an area of law that many feel is currently inadequate.

Get Expert Advice Today

If you’re an unmarried couple and need advice on cohabitation or estate planning, contact us at Machins Solicitors. Our expert team is ready to help you protect your future.

Call us at 01442 872311 for a consultation.