More than 3.5 million couples in England and Wales live together without being married or in a civil partnership. According to the government, that number has more than doubled over the past three decades.
Yet despite the popularity of cohabitation, unmarried couples currently have far fewer legal and financial protections if they separate or one partner dies.
The government has now proposed significant reforms that could bring the rights of some cohabiting couples closer to those enjoyed by married couples and civil partners.
For couples affected, this could eventually represent a major change. But there is an equally important message to take from the proposals today. ‘Common-law marriage’ does not currently exist in England and Wales and couples should not assume that living together for a long period automatically gives them the same rights as a spouse.
The proposed regime would automatically apply to adults considered to be in a long-term, committed and interdependent relationship.
This would include couples who have lived together for at least three years or couples who live together and have a child.
There would be an option for couples to agree to opt out, subject to safeguards.
The starting point following a separation would remain that each person keeps the assets they legally own. However, the courts would be given greater powers to consider each person’s financial needs and help both parties move towards financial independence.
Where children are involved, their welfare would be the court’s primary consideration.
Although some of the mechanisms could resemble those already used following divorce, the intention would generally be to achieve a clean financial break. Ongoing maintenance would be expected to be limited to exceptional circumstances, such as long-term ill health.
The proposed changes to inheritance rights are potentially just as significant.
Under the current intestacy rules, a surviving spouse or civil partner has automatic inheritance rights. An unmarried partner does not receive the same protection simply because they have lived with the deceased, regardless of how committed or longstanding the relationship may have been.
The government is considering extending intestacy rights to ‘qualifying cohabitants’.
The qualifying period for inheritance purposes has not yet been decided and could be longer than the period used to determine rights following separation.
If introduced, this could provide an important safety net for some unmarried couples. However, relying on a future change in the law is no substitute for putting appropriate arrangements in place now.
For unmarried couples, the proposals should prompt a wider conversation about financial and estate planning.
You might have lived together for many years, share children, own a home and manage your finances jointly. That does not mean the law currently treats you in the same way as a married couple.
This distinction can become particularly important when considering property ownership, pensions, inheritance and what happens if either partner dies without a valid will.
The proposed reforms reflect how family life has changed considerably over recent decades. With millions of couples now choosing to live together without marrying or entering a civil partnership, there is a clear debate to be had about whether existing protections remain appropriate.
However, these proposals are not yet law and reform could take years to implement, if it happens at all.
For unmarried couples, the sensible approach is therefore to plan according to the law as it stands today.
Having an up-to-date will and reviewing how assets are owned alongside your wider tax, pension and estate planning can help make sure your arrangements reflect what you actually want to happen.
Assuming that the law will automatically protect a long-term partner could leave both people with a very different outcome from the one they expected.
The government’s proposals for stronger rights for unmarried couples can be read here.
All data and figures referred to in our news section are correct at the date of publishing and should not be relied upon as still current.
