The Legal Position of Cohabiting Couples: Is Reform on the Horizon in 2024?

The legal position of cohabiting couples in England and Wales has come under scrutiny once again, with Shadow Attorney General Emily Thornberry bringing the issue to the forefront during the Labour conference speech. With around 3.6 million cohabiting couples in the UK, there is a concerning lack of legal understanding, with many mistakenly believing in the existence of a “common-law marriage.”

Under the current law, cohabiting couples do not have the same financial claims as married couples or civil partners, regardless of the length of their relationship. This can leave one party at a significant disadvantage and vulnerable on separation, especially if they have sacrificed their earning capacity or contributed equally to the family finances.

The House of Commons Women and Equalities Committee previously recommended reform of cohabitation law to protect vulnerable cohabitants and children, but the Government rejected the proposal. However, Emily Thornberry has pledged to push for reform, putting the rights of cohabitants back on the agenda.

While the specifics of the proposed reform are still unclear, it may involve creating a de facto legal relationship status for unmarried couples who have cohabited for a certain period of time. In the meantime, cohabiting couples are advised to take steps to protect themselves, such as putting Wills in place, taking out life insurance policies, and entering into cohabitation agreements.

It is crucial for cohabitants to seek specialist legal advice to safeguard their interests under the current law. As the debate around cohabitation reform continues, 2024 could be the year that we see significant changes in the legal rights of cohabiting couples in England and Wales.