Cohabitation reform: a time for change?

The Ministry of Justice has now closed its consultation, A Fairer End to Relationships, which considers what could be one of the most significant family law reforms in decades.

Among other things, it looks at whether cohabitants should have clearer financial rights when a relationship ends, or when one partner dies without a Will.

For years, family practitioners have warned that the law has not kept pace with modern life – millions of couples in England and Wales live together without marrying or entering a civil partnership, yet many still assume they are protected by “common law marriage”.

There is no such protection and no matter how long the relationship, separation can result in one party being left without the resources to meet their reasonable needs.

The proposals aim to create a clearer framework for qualifying cohabitants: broadly, couples who have lived together for more than three years, or who have a child together.

Importantly, this does not mean the law will treat cohabiting couples in the same way as married couples. The rights being considered are narrower and focused on meeting needs, protecting children and reducing hardship, rather than introducing the full sharing claims that can arise on divorce or dissolution of a civil partnership.

The proposals would also introduce an element of choice. Couples could opt-out of the regime, provided they do so properly and with informed consent. That matters, as not every couple wants legal obligations to arise simply because they share a home.

Supporters see the reforms as a long-overdue safety net for those left in real financial need after long-term cohabitation. However, critics worry that automatic rights may create obligations couples never intended and that more legal claims may follow.

What is clear, is that moving in together is no longer just a romantic or practical milestone. It may soon carry more legal significance too.

For cohabiting couples, the message is simple: understand where you stand, discuss expectations early and take advice before life, or the law, moves faster than you do.

How can Morr & Co help?

If you would like to discuss your situation with an experienced lawyer, our experienced family team will be able to answer any questions you may have. You can contact them by email info@morrlaw.com or by calling 0333 038 9100.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.