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Divorce and Children Law expert Cohabitation law reform
Cohabitees currently represent more than one in five couples, which is expected to reach one in four by 2031. In their election manifesto, Labour pledged to strengthen the rights and protections of cohabiting women. And it seems that cohabitation law reform may be on the horizon, with the recent government announcement that a formal consultation will be launched this year “to build public consensus on what cohabitation reform should look like”.
Lord Ponsonby, the minister responsible, said:
“Protecting those who would benefit from cohabitation reform is of utmost importance, and I would like to assure both you and the committee that we have no plans to delay our progress on delivering cohabitation reform because of our work both in relation to marriage law and divorce law.”
Family law group Resolution has previously said, “Current cohabitation laws are unfair, not fit for purpose and consign too many families to misery and dire financial hardship.”
At present, it is unclear exactly what form the reforms would take. A possibility is the creation of a de facto legal relationship status once an unmarried couple has cohabited for a certain period – similar to the position in Australia and New Zealand.
How can cohabitees currently protect themselves?
Research suggests that almost half of cohabiting couples believe they are protected by the myth of ‘common law marriage’. But pending a change in the law, cohabitees have no automatic legal protections, potentially leaving them at a significant disadvantage on relationship breakdown.
However, taking some basic steps can provide a degree of protection for those currently in a cohabiting relationship. Those include:
- Entering into a formal Cohabitation Agreement, which is similar to a pre-nuptial agreement, and sets out your intentions in the event of separation in relation to finances, property and children.
- A Declaration of Trust, which deals with any property owned by you and your partner.
- Making and regularly reviewing your Will.