Where does the law stand for unmarried couples?
For decades, calls for legal reform to protect unmarried couples and their children have grown louder, yet no action has been taken. In July 2022, a cross-party group of MPs urged the government to improve protections for cohabiting couples. Recently, Justice Minister Lord Ponsonby announced plans for a formal consultation on cohabitation reform.
However, this issue was thoroughly examined by the Law Commission in 2007. After two years of research, it recommended a scheme offering financial relief to cohabitants meeting certain eligibility criteria. The Commission found that such reforms would not undermine marriage, as most people marry for personal, cultural, or religious reasons rather than legal considerations. Despite this, in 2011, the coalition government rejected the recommendations.
Since then, the number of cohabiting couples has surged from 1.5 million in 1996 to 3.6 million in 2021. Yet, legal protections remain inadequate, particularly for financially vulnerable partners and their children. Research shows that children of cohabiting parents are nearly three times more likely to experience family breakdown by age five than those of married parents. While marriage offers stability, children cannot choose whether their parents marry—they deserve legal protection regardless.
The myth of “common law marriage” persists, misleading many into believing cohabitants have legal rights similar to married couples. The Law Commission recognised that public awareness alone cannot resolve the hardships faced by cohabitants upon separation. For some, marriage isn’t an option, leaving them vulnerable under current laws.
If you have separated from your partner and are not married, Progression Solicitors can advise you in relation to the claims currently available to you against property and in respect of child maintenance. We offer fixed fee initial advice meetings at any of our offices or telephone appointments are also available upon request.
