Calls for Reform on Cohabitation Law

Over the past year, there has been a growing call from legal professionals in the UK to reform the laws around cohabiting couples and disputes. 

As more and more couples choose to live together without getting married, the current legal framework has been criticised as outdated and inadequate in protecting the rights of cohabiting partners.

In this article, we discuss the changes to cohabitation law in the UK.

What is the current situation?

Under the current law in England and Wales, cohabiting couples do not have the same legal rights as married couples or those in civil partnerships. This means that if a cohabiting relationship breaks down, there is no automatic right to financial support or property division. Instead, cohabiting partners must rely on complex property laws or informal agreements to resolve disputes.

This lack of legal protection can lead to significant financial hardship and unfair outcomes, particularly for women who may have sacrificed their careers to raise children or support their partner’s career.

Calls for reform

In response to these issues, a number of legal organisations and professionals have called for reform of the cohabitation laws. The Law Commission, an independent body that reviews and recommends changes to the law, has been a prominent voice in this debate.

In July 2022, the Law Commission published a report recommending the introduction of a new legal framework for cohabiting couples. The proposed reforms would give cohabiting partners automatic rights to financial support and property division if their relationship breaks down, similar to the rights enjoyed by married couples.

Government Response

Despite the growing calls for reform, the government has been slow to respond. In March 2023, the government announced that it would not be taking forward the Law Commission’s recommendations, citing the need for further consideration and consultation.

This decision was met with disappointment from many in the legal profession, who argue that reform is long overdue and that the government’s inaction is putting cohabiting couples at risk.

Looking to the Future

As the debate over cohabitation law reform continues, it remains to be seen what changes, if any, will be made to the current legal framework. Some experts predict that the growing pressure from legal professionals and the public will eventually force the government to take action, while others believe that reform may be a long way off.

For cohabiting couples, the lack of legal protection means that it is more important than ever to take steps to protect their financial interests. This may include entering into a cohabitation agreement, which sets out how property and finances will be divided if the relationship breaks down.

While the future of cohabitation law reform remains uncertain, you can take steps to protect your rights and financial interests today. At Goodwins Family Law, our experienced solicitors can help you draft a comprehensive cohabitation agreement tailored to your unique circumstances. By clearly outlining how property and finances will be divided in the event of a separation, a cohabitation agreement can provide peace of mind and security for you and your partner.

Don’t wait for the law to catch up — contact Goodwins Family Law today to schedule a consultation and learn more about how we can help you safeguard your future.