Cohabitation Under the Labour Government: What You Need to Know According to Family Law Solicitors

In recent years, the rate of unmarried or non-legally partnered couples choosing to cohabit has sky-rocketed, becoming the fastest-growing family arrangement in the UK. Originally a less common arrangement with about 1.5 million couples choosing to live this way in 1996, the country now has over 3.6 million cohabiting couples as of 2021. This staggering increase of 144% signals a change in societal views surrounding marriage and intimate relationships, proving that more and more people no longer feel the need to formalise their relationships through marriage or civil partnerships in order to live together.

However, despite the growing prevalence of this lifestyle, there is still a significant lack of legal protections for cohabiting couples. This article explores the current state of cohabitation law in the UK and its potential for reform under the Labour Government so that you can be well-informed as to what your rights and options are if you are considering moving in with a partner.

What Is the Current Legal Landscape for Cohabiting Couples?

Unlike married couples or those in civil partnerships, cohabiting couples in the UK do not currently enjoy the same legal protections. There is a commonly held misconception about “common-law marriage” which holds that cohabitants automatically acquire the same legal rights as married couples after living together and being in a relationship for a certain period of time. However, there is no legislation in effect in the UK to support this idea so it is very important to be aware of the critical areas where cohabiting couples can face legal challenges in the event of a separation:

1. Property Rights: Cohabiting partners do not automatically have a right to make claims over each other’s property. If their relationship ends, one partner may have no legal right to the property owned solely by the other, unless they are able to demonstrate they have made certain contributions to the property (for example, payments towards the mortgage or initial deposit) or if they have made a financial commitment to the property based upon the understanding that they would own or receive a share of the property. Disputes often arise in this area, especially when both partners have invested financially in the property while one of them lacks clear ownership agreements.
2. Inheritance Rights: If a cohabiting partner dies without a will, the surviving partner has no automatic right to inherit their estate. This can leave the surviving partner in a financially vulnerable position, especially if they were dependent on their partner’s income or shared assets during the relationship. If a property is owned jointly by the cohabiting partners and they hold the title as ‘joint tenants’, if one cohabiting partner were to die before the other, their share in the property would automatically pass to the surviving cohabiting partner. The same rule does not apply for cohabiting couples who hold the title to the property as ‘tenants in common’.
3. Financial Support: Unlike married couples, cohabitants are not obligated to provide financial support to each other after they have separated. This lack of formal financial protection can place significant strain on one partner following a separation if they were financially dependent on the other.
4. Parental Rights: Although both parents do have a legal obligation to support their children financially, cohabiting fathers (who are not married to the mother of their child(ren)) may not have any obligations when it comes to the custody and day-to-day responsibilities of their child(ren). This is because parental responsibility is not automatically granted to an unmarried father, unless they are named on the child’s birth certificate or have secured a parental responsibility agreement or parental responsibility order from the Court.

The Labour Government’s Stance on Cohabitation-law Reform

All of the above may eventually be subject to change however as, following the recent election, the Labour Party has reportedly shown a renewed interest in addressing the rights of cohabiting couples. In a speech at the Labour Party Conference in October 2023, Emily Thornberry, the Shadow Attorney General, acknowledged that cohabiting women, in particular, have long been left without legal protections when their relationships break down. She emphasized the need to reform the law in order to combat this, stating that no woman should be forced to marry or stay in an unhappy relationship simply to avoid financial ruin or homelessness.

Although the Labour Party manifesto released by Prime Minister Keir Starmer in June does not make any mention of cohabitation-law reform, the Financial Times reported that Labour was ‘consulting experts and researching other jurisdictions’ approaches to address the concerns outlined by Thornberry. In the event that new legislation is introduced in light of this, we’ve outlined below what some of the reforms could resemble based on previous efforts to change policy by the Women and Equalities Committee of the House of Commons in 2022:

1. Financial Relief: Introducing measures to provide financial relief to partners who are left financially vulnerable when a cohabiting relationship ends. This could include recognizing domestic contributions (such as unpaid care work) when determining financial settlements.
2. Inheritance Rights: The possibility of extending inheritance rights to cohabiting partners which would allow them to inherit assets, such as the family home and pensions, may also be explored. Claims to such assets are currently only available to married or civil partnered couples, except for circumstances in which the cohabiting couple jointly own a property as ‘joint tenants’.
3. Public Education: Alongside legal reforms, the Labour government may seek to launch public awareness campaigns to educate cohabiting couples about the limitations of their rights and to encourage the formalization of relationships through Cohabitation Agreements and Wills for better protection.

What You Can Do Now If You Are Cohabiting with A Partner

While legal reforms are likely to take time, there are still several proactive steps that cohabiting couples can take to protect their rights and finances today if ever their relationship were to come to an end:

1. Get a Cohabitation Agreement: It is strongly advisable for cohabiting couples to first draw up a Cohabitation Agreement with the help of family law solicitors.Thisis a legal document that can outline financial arrangements, property ownership, and the division of assets in the event of a breakup. Having this in place can reduce the risk of any disputes when separating, whilst also helping to ensure that both parties are clear on their intentions.
2. Make a Will: Because cohabiting partners do not automatically inherit each other’s estates if one of them passes away, it is also recommended that you draw up a Will. A properly drafted Will ensures that your wishes are respected and that your partner is provided for financially, should you choose, if ever the unthinkable were to happen to you.
3. Don’t Be Afraid to Talk Finances: Assessing yours and your partner’s financial situation regularly so that both of you are clear on where you stand is essential. This includes addressing the division of assets, property, shared responsibilities for practical upkeep of the home and any children involved, as well as any potential future financial needs. Transparency on these matters is crucial if you are to avoid unnecessary financial disputes should you one day unfortunately break up.
4. Consider Your Long-Term Security: Finally, if you are in a long-term cohabiting relationship, it is vital to also actively plan for the future – whether that involves setting up a joint account, discussing pensions, or making arrangements for your child’s or children’s care and support.

Need further advice on how to protect your rights in your cohabiting relationship? Our team of family law solicitors are highly skilled and experienced in dealing with the financial and practical implications of these relationships and can help you to fully assess your options to put in place a plan that safeguards yours and your family’s future, no matter what the future may hold. Don’t hesitate to contact us today on 020 7100 6100 to book in a free initial consultation and find out more about how we can help.