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Government says cohabitation law reform back under consideration

The government has confirmed that reform of the law on cohabiting relationships is back under active consideration, after being previously sidelined in favour of changes to marriage and divorce legislation.

Under the new Labour administration, a formal consultation on the future of cohabitation law is expected to begin later this year. The move signals growing recognition of the need to address the legal vulnerability faced by millions of unmarried couples across the UK.

Lord Ponsonby of Shulbrede, the Minister for Family Justice, Marriage and Divorce, emphasised the importance of reform during a recent announcement:

“Protecting those who would benefit from cohabitation reform is of utmost importance… 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.”

He added that the government’s goal is to “build public consensus” around what shape reform should take.

Why is cohabitation law reform necessary?

Currently, the UK’s 3.6 million cohabiting couples have no automatic legal rights similar to those of married couples, despite the common belief in the idea of “common law marriage.”

There is, in fact, no such legal status in UK law. As a result:

Cohabiting partners do not automatically inherit from each other’s estate unless a valid will exists.

If the relationship ends, there is no right to financial support or a share in the partner’s assets, regardless of contributions made over the years.

Those who have taken time off work—often to care for children—may be left financially exposed and without recourse.

One particularly vulnerable group includes individuals who do not have their name on the deeds of the shared family home. Without reform, they risk being left without housing or compensation if the relationship breaks down.

Living together agreements: A current solution

In the absence of legal safeguards, many cohabiting couples are turning to living together agreements. These legal documents allow couples to set out their intentions regarding property, finances, and other key issues, offering a sense of security should the relationship end.

Such agreements are often seen as a practical and positive step, helping both partners understand their rights and responsibilities.

Considering a cohabitation agreement?

At southgate solicitors, we can guide you through creating a legally sound living together agreement to protect your interests. 

For more information or advice on family law matters, readers are encouraged to contact the legal team at southgate solicitors at 02080040065 or hello@southgate.co.uk. It’s important to note that the content of this article is general information and not legal advice, and readers should seek independent expert advice for their specific situations. Our experienced team at southgate solicitors is here to provide expert guidance and support. 

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