Cohabitation Law – Changes Coming for Unmarried Couples

Could the law for unmarried couples be about to change?

The UK Government recently announced plans to consult on reforming ‘Cohabitation Law’. This consultation could lead to significant changes in the legal rights of unmarried couples who live together. Currently, cohabitants lack many of the legal protections available to married couples or civil partners. Please read on to explore these potential changes, the impact on cohabitation agreements, and why acting now to secure a Cohabitation Deed or Agreement may be wise.

Where are we now?
Unmarried couples who live together, often referred to as cohabitants, currently have limited legal rights in the UK. Unlike married couples or civil partners, cohabitants cannot claim maintenance for themselves and must rely on complex trust law to resolve property disputes. The Government’s consultation aims to address these gaps and provide greater legal certainty for cohabitants.

What could change?

There could be a new legal framework, that recognises cohabiting relationships more formally. For example, cohabitants might gain rights to financial remedies similar to those available to divorcing spouses, provided they meet certain criteria, such as a minimum cohabitation period or having children together.

The possible impact on Cohabitation Agreements

These agreements are already the best way for cohabitants to define their financial responsibilities and avoid disputes. Under the current law, cohabitation agreements are enforceable under ‘property’, ‘trusts’, and ‘contract’ law. If the law changes, such agreements could be given greater legal weight, even becoming a standard feature of cohabitation law

The views of Family Lawyers’ body “Resolution”
Melanie Bataillard-Samuel, Chair of Resolution, said: “For too long, unmarried partners have been placed at risk of significant financial hardship and uncertainty when their relationship comes to an end through separation or death. The current law has simply not kept pace with changes in society and often enables perpetrators of domestic abuse to continue that abuse after a relationship has ended. Today’s announcement is a welcome and significant step towards ending the endemic unfairness for cohabiting couples.” Resolution welcomes landmark cohabitation announcement | Resolution

Why Act Now?

The Government’s consultation on cohabitation law reform is an important moment for unmarried couples. Whilst the changes proposed could grant cohabitants new rights and protections, the timeline for any reform remains uncertain. Cohabitation Agreements now can give clarity and security, by ensuring that both parties’ intentions are documented and enforceable. Without a suitable Cohabitation Agreement, you increase the chances of a (legal) dispute on separation. Any such agreement might also become binding (& easier to enforce) under any new legal framework. If you are cohabiting or planning to cohabit, please contact a specialist family lawyer today.

At Hopkins Solicitors, our experienced and specialist Divorce & Separation team can support you through the entire process. Reach out today by giving us a call on 01623 468 468 or clicking the Request a Callback button below.