Proposed Changes to Improve Protection for Cohabiting Couples in England and Wales

Resolution Calls for Improved Legal Protections for Cohabiting Couples in England and Wales

This week, Resolution, a community of over 6,500 family law professionals, published its ‘Vision for Family Justice’ which highlights the need for changes to be made to improve the family justice system in England and Wales. One of the key areas of focus is the limited legal protections currently available for cohabiting couples.

Despite being the fastest growing type of family in the country, cohabiting couples do not have specific rights in terms of asset division in the event of a separation. In comparison to other jurisdictions, such as Sweden and Australia, where specific legislation exists to protect cohabiting couples, England and Wales rely on basic trust principles under the Trust of Land and Appointment of Trustees Act 1996.

Resolution’s Vision for Family Justice proposes clear changes to improve the legal protections for cohabiting couples, including the introduction of financial relief similar to the models seen in Sweden and Australia. The Law Commission and the Women and Equalities committee have also recommended reforms to provide better protection for cohabitees and their children.