Cohabitation Law Reform: Your Questions Answered

Following James Maguire's recent BBC Radio appearance discussing the Government's consultation on cohabitation law reform, many readers have asked what these proposals could mean in practice.

Millions of people in England and Wales believe they have legal rights as a "common law husband" or "common law wife". In reality, no such legal status exists.

Below are answers to the questions James has been asked most often since the broadcast.

What is the Government consulting on?

The Government has launched a consultation to consider whether cohabiting couples should have greater legal protection when a relationship ends, or when one partner dies.

The proposals do not seek to make cohabitation equivalent to marriage. They ask whether qualifying couples should benefit from a limited legal safety net.

Why is reform being considered?

Family life has changed significantly over recent decades.

More couples than ever live together without marrying. The law has not kept pace with that shift.

Many people assume that after years of living together, sharing finances and raising children, they will have automatic rights if the relationship ends. That assumption is often wrong.

What rights do cohabiting couples currently have?

Very few.

Unlike married couples, cohabitants do not have automatic rights to:

• Share assets accumulated during the relationship.
• Claim spousal maintenance.
• Share pensions.
• Receive a financial settlement based on fairness.

Disputes are usually resolved using complex property and trust law principles rather than family law. In practical terms, legal ownership of assets can matter more than the nature or length of the relationship itself.

Do cohabiting couples have the same rights as married couples?

No.

Married couples and civil partners benefit from a comprehensive legal framework when a relationship ends. The court has wide powers to redistribute assets and reach a fair outcome.

Cohabiting couples do not currently enjoy those protections.

The Government is not proposing to create marriage by another name. The consultation is focused on whether there should be a more limited system of protection for qualifying cohabitants.

What could change?

No final decisions have been made. The consultation is considering whether cohabitants should be able to make financial claims when a relationship ends.

The proposals could provide protection for those who have:

• Lived together for a significant period.
• Raised children together.
• Made financial sacrifices during the relationship.
• Contributed to family life in ways not currently recognised by the law.

What happens if an unmarried partner dies?

This area surprises many people.

If someone dies without a valid Will, an unmarried partner does not automatically inherit from their estate, regardless of how long the couple lived together.

The outcome can be distressing for surviving partners who assumed the law would protect them.

The consultation is considering whether greater protection should be introduced in these circumstances.

What should cohabiting couples do now?

The law has not changed.

For cohabiting couples, the practical steps that offer the most protection are:

• Making a valid Will.
• Putting a Cohabitation Agreement in place.
• Taking advice on how property is owned and registered.
• Reviewing financial arrangements regularly as circumstances change.

The bottom line

The current consultation represents the most significant review of cohabitation rights in many years.

Whatever the outcome, one point remains clear: there is currently no such thing as a "common law marriage" in England and Wales.

Understanding your legal position before problems arise is far better than discovering it after a relationship has ended.

Scotland introduced statutory cohabitation rights almost twenty years ago. For a closer look at how that framework has worked in practice, read our companion article: What England and Wales can learn from Scotland's cohabitation laws.

Speak to our team

To discuss your circumstances in confidence, call our family law team on 01625 544 650 or fill out our contact form.

Recognised by the Legal 500 as a leading family law firm, we are based in Knutsford, Cheshire, with offices in Altrincham, Wilmslow, Stockton Heath, Manchester and London.

About the author: James Maguire is the Managing Director of Maguire Family Law, an IAFL Fellow with over 30 years' experience in family law, and a regular commentator on family law issues, including on the BBC.

This article is general information, not legal advice. Every situation is different.