Legal rights of cohabiting partners - will they be reformed?

Cohabitating couples represent the fastest growing family type in England and Wales. Over the last 30 years the number of cohabiting partners has more than doubled, with more than 3 million households now classified as cohabiting.

However, a group of cross-party MPs has highlighted the fact that the law has not kept up with this change in society and are now demanding reforms.

In the Women and Equalities Committee's new Report, The rights of cohabiting partners, the risks faced - often by women - upon relationship breakdown or the death of a partner have been highlighted.

Many people choose not to get married, even when in a long-term relationship. As the law currently stands, many cohabiting people are left financially vulnerable when their relationship breaks down or their partner dies. The report considers it unfair that these individuals have fewer protections to those married or in a civil partnership and is recommending changes.

The committee believes urgent legal reforms would protect those individuals and also help make the public aware that "common law marriage" is a myth.

The belief that being a partner of someone for a certain length of time and living together gives the same status as being legally married or in a Civil Partnership is completely false.

The committee has made several further recommendations including reforming inheritance tax laws for cohabiting couples and reforming intestacy rules and family claims.

It is likely that the recommendations of the committee will be looked at closely and will not necessarily be implemented quickly. The “no fault” divorce law change took several years to be implemented, and is arguably less controversial.

If you have any questions about separation, cohabitation agreements, or divorce and family law, please get in touch with our offices in Reading.

Published on 28/09/2022