The recent survey revealing that one in five adults would forgo marriage if cohabiting couples had equal legal rights is a stark reminder of how outdated our family law framework has become. With 6.8 million people in cohabiting relationships (many raising children and sharing financial responsibilities) the law’s failure to recognise these partnerships is not just a technical oversight; it’s arguably a social injustice.

The myth of the “common-law marriage” persists, and it’s easy to see why. Couples who have built lives together, raised children, and shared homes often assume that their emotional and practical commitment will be reflected in legal protections. Even when renewing things like insurances, the drop-down box for your marital status still includes “common law spouse” as an option. But as family lawyers know all too well, the reality is far harsher. When these relationships break down, one partner - often the financially weaker party - is left without recourse to property (unless in certain limited circumstances), pensions, or financial support, regardless of the length or depth of the relationship.

The survey’s findings are not a rejection of marriage. In fact, 58% of respondents said they would still choose to marry even if cohabiting couples had equal rights. What this data reflects is a desire for fairness and flexibility - an acknowledgment that committed relationships come in many forms and that the law should protect families, not punish them for choosing a path outside traditional marriage.

The government’s delay in launching its promised consultation on cohabitation reform is deeply disappointing. Lord Ponsonby’s commitment earlier this year raised hopes that long-overdue change might be on the horizon. Yet, as the months pass without action, families remain vulnerable, and the courts are left to navigate a legal landscape that fails to reflect modern realities.

As practitioners, we see the emotional and financial toll this legal gap takes on clients. We see parents who have sacrificed careers to raise children, only to find themselves without a claim to the family home. We see partners who have contributed to household finances and supported their significant other through professional training, illness or hardship, only to be told they have no legal standing.

Reform is not about undermining marriage - it’s about recognising commitment in all its forms. It’s about ensuring that when relationships end, the law provides a fair and just framework for resolution. The time for consultation has passed. The time for legislation is now.