Reforming cohabitation laws: Resolution’s current campaign

Article written by Leanne Wylie

In 1996, there was an estimated 1.5 million cohabiting couples in the UK. This statistic rose to around 3.6 million in 2021. In England and Wales, cohabiting families are the fastest growing family type, with 1 in every 5 families cohabiting in the UK.

Although the number of cohabiting couples in comparison to those married or civil partnered is increasing, legal rights and protections are starkly limited. For example, cohabiting partners cannot claim against any assets in the sole name of the opposing partner; if one partner lives with the other but does not hold any legal ownership of the property, that partner will not have any financial interest in the property upon separation,  irrespective of financial contributions to the property during the relationship; property equity is also not required to be split by the court in reflection of each party’s financial positions/ needs or contributions, unlike circumstances where the couple is married; the law simply does not recognise cohabiting partners as a couple.

Despite these limited rights, cohabiting partners can protect their rights and interests through cohabitation agreements. These can be put into place to set out arrangements during the time that the couple is living together, if one becomes ill or dies, and if the couple split up. A will is also encouraged to further protect the rights of each partner and any other specified family members. By doing so, partners can ensure a share of each other’s’ assets, access to each other’s state pension, and next of kin rights in medical emergencies.

Resolution’s campaign

Conflict and unfairness arise with cohabitation law when the lack of automatic rights is considered; as well as the extra cost, time, and effort needing to be taken having to produce separate agreements that those who are married or civil partnered do not have to do.  Furthermore, questions are raised as to why the law around cohabitation has yet to provide cohabiting couples a better legal personality when the number of married couples is decreasing, whilst cohabiting couples and families increase, as well as many couples in today’s society not having marriage as an option or aim. This is why cohabitation law reform is necessary, and why the family law community of Resolution, family law professionals in England and Wales committed to a constructive, non-confrontational approach to resolving family issues to minimise conflict and stress for families, are currently campaigning for change. 

In November 2023, Resolution posted an article calling for more rights for unmarried couples. This article emphasises the high numbers of backing for a change in law and shows how many cohabitees are unaware of their lack of rights in the event they split up. The campaign, as stated by Chief of Resolution’s Family Law Reform Committee, Jo Edwards, is intended on reflecting the changing social mores and limiting the exclusion of cohabitees from legal protection during relationship breakdown due to being unable/ not wanting to marry. The campaign’s recommendations include:  

• More public funding for legal information and advice in the early stages. 
• Improvement on how child arrangements are handled. 
• Family courts meeting the needs of families.
• Protecting the vulnerable in family courts. 

75% of Resolution members that were surveyed stated they support a change in law for cohabiting couples. It was found that many family justice professionals deal with cohabiting couples at least once a month, one in ten dealing with new cases every week.

Since July 2024, Resolution have been urging the new Labour government to act on commitments made to cohabitation reform. Chair of Resolution’s National Committee, Grant Cameron, has said: ‘Resolution is looking forward to working with new ministers and Ministry of Justice officials to make cohabitation reform a reality as quickly as possible.’  The need for cohabitation reform has taken storm over the past year, with Resolution asking members to write to MPs to advocate for reform, and further plans currently being underway for further events to raise awareness.

Current responses and aims of family lawyers and professionals

Family lawyer, Graeme Fraser, and associate professor at the University of Durham, Andy Hayward, have been spearheading the campaign for cohabitation reform alongside Resolution and its Cohabitation Committee. Jemma Pollock, partner in the family and children team at Russell Cooke Solicitors and Cohabitation Committee member, has urged everyone else campaigning to continue the debate and engage with those from other jurisdictions to gain other insights on their experiences. She has also encouraged professionals to continue their work with cohabiting couples to help achieve the most effective outcomes whilst awaiting the arrival of the law reform.

The Law Commission has also been a voice of dominance and prominence in the debate through reports of recommendations; as well as the number of legal professionals joining the campaign in order to increase the pressure for reform. Family law firms are currently patiently awaiting the reform and, as stated above, are continuing their support for cohabiting couples by ensuring many have secured cohabitation agreements until the change in law has solidified. Firms, for example, Goodwins Family Law, are encouraging and supporting steps for cohabitees to protect their rights and interests whilst the future of cohabitation law reform remains uncertain.