According to research, cohabitees make up the fastest-growing type of family in the UK. In 2021 approximately 3.6 million couples were cohabiting in the UK which is a staggering 144% increase from the amount in 1996. Despite the ever-growing number of couples choosing to live together without marrying, the law has not kept pace with this social shift. Cohabiting couples do not have the same legal responsibilities to one another, meaning millions of families could potentially be vulnerable to financial hardship should their relationship break down.

The British Social Attitudes Survey back in 2019 revealed that nearly half of the population (46%) in England and Wales believed that cohabitees enjoy the benefit of a “common law marriage” – this is not the case and in fact there is no such thing as a common law marriage at all. As the current law stands, upon separation, cohabiting couples without a cohabitation agreement, can simply part ways without enduring any residual financial commitment to the other party. 

Back in 1984, the Court of Appeal first exposed the “unfairness” of the law surrounding cohabiting couples, suggesting that Parliament must make a change. Since then, little has changed by way of legal protection for couples who choose not to marry. 

In 2007 a report from the Law Commission proposed an “opt-out” scheme to give some rights to cohabiting couples. But there was disagreement over the scope of change - including the number of years a couple should have lived together and which relationships, for example siblings or flatmates, should be excluded. 

Campaigners have been persistent in their efforts for legal reform, and Resolution, has been leading the way. The chair of their cohabitation committee argues “change to the outdated law that has not kept up with the reality of modern families is long overdue…”

However, in the alternative, many believe that this endeavour will only blur the margins for cohabitees, as Baroness Deech comments that one of the proposed areas of form is “illiberal and a denial of the right to private life… impos[ing] an intrusive contractual obligation on people”. Many suggest that cohabitees choose to be detached from the financial obligations of marriage, but if we reflect on the statistics, with 46% of the UK believing cohabitation results in a common law marriage, perhaps a large part of the answer is greater awareness and education on the extent of cohabitation and the risks thereof. 

Just last week the government pledged to launch “ambitious reform” for unmarried couples in the near future, and we will watch closely as this progresses. How will any change impact cohabiting couples? For better or for worse?