Government urged to provide better protection for cohabiting couples  

The government is being urged to introduce reforms to provide better legal protection for cohabiting couples if their relationship breaks down.

Amy Fallows Senior Associate Solicitor & Head of our family law team reports.

The number of cohabiting couples has more than doubled in the past generation with 1.5m in 1996, compared to 3.6m in 2021.

Do cohabiting couples have rights  

The House of Commons Women and Equalities Committee says there is a common misconception that cohabitants who have lived together for a long time are treated as if they were married. This is not the case. 

Unless there is a pre-written legal agreement in place, one partner could be left with less than they think they are entitled to when the family home and assets are divided up. 

This financial pressure can create further problems for people who may be vulnerable at a time that is already emotionally difficult.  

The committee told the government that there needs to be reform to protect cohabitants who are economically vulnerable, and to preserve individual autonomy, maintain a distinction with marriage and civil partnership, and provide certainty about who qualifies as a cohabitant. 

It is urging the government to act on a proposed scheme from the Law Commission’s 2007 report on the financial impacts of separation. 

The scheme would ensure a fairer division of assets between partners when a relationship ends, if they had a child or had lived together for a specified number of years. 

The committee believes the proposed scheme offered a ‘pragmatic approach’, although the Ministry of Justice should review the 2007 proposals to check if anything needs to be updated. 

The cross-party committee said the government should publish draft legislation for scrutiny in the 2023-24 parliamentary session.  

Graeme Fraser, of Family law group Resolution, said: “Cohabiting families are the fastest growing family type in England and Wales and yet lack even the most basic legal protections. Ministers have a moral obligation to act now to protect them – otherwise, left unreformed, the current law will consign even more families to misery and dire financial hardship.”  

In the absence of any formal legal protection, many couples draw up living together agreements, setting out how their assets should be divided if they separate. These agreements offer people reassurance and can even help to strengthen relationships because both sides feel more secure.

If you would like more information about living together agreements or any aspect of family law, please contact Amy on 01228 516666 or click here to send her an email.