The number of cohabiting couples is growing in the UK. In 1995, there were 1.5 million cohabiting couples. In 2021, there were over 3.6 million. Cohabiting couples now represent a fifth of all couples.
It is widely misunderstood that unmarried couples will acquire the same legal rights as married couples over time. This is not true. Unmarried couples do not have the same rights and responsibilities, irrespective of the length of the relationship or whether they have any children.
On separation, married couples usually divide their financial resources, including any property, savings, investments, business interests and pensions. These resources are divided to meet the needs of the parties and any children. A range of other factors will be considered, including the length of the marriage and each party’s contributions. Financial support can be granted in the form of spousal and/or child maintenance. Married couples also have inheritance and pension-sharing rights.
Unmarried couples have far less protection. They have no automatic rights to inheritance or pension-sharing. On separation, they have to rely on a patchwork of legal rules, which can be complex and expensive. An unmarried partner can be left with nothing, even if they have cohabited for many years and made significant contributions. If they have children, they may be able to bring a claim for temporary housing and/or financial provision, but this usually ends when the children reach maturity. This lack of protection will often prejudice women, particularly where they have made sacrifices to raise children. In November 2022, the Government rejected calls to reform the law in this area and so there is unlikely to be any change for the foreseeable future.
Fortunately, there are some ways to protect your interests without changing your marital status.
- Enter into a Cohabitation Agreement that confirms what happens if you separate.
- Consider a Declaration of Trust in respect of any properties you own.
- Make a Will
- Take out life insurance and nominate each other for death in service benefit and pension provision.
If you have any questions about cohabitation, or any other family law related matter, please contact Stuart Duncan of Rowberry Morris Solicitors on 0118 982 3774 or stuart.duncan@rowberrymorris.co.uk. Stuart advises on all aspects of family law and specialises in the issues arising from relationship breakdown. He has a particular expertise in complex financial matters, child arrangements and cases involving unmarried couples.