Should The Law on Cohabitation Be Reformed?

Summary

Society has changed. Marriage is no longer the only and obvious choice for couples and instead, many couples are cohabiting. Despite remaining popular, the marriage rate halved between 1991 and 2019 and is at its lowest point since records began. Although this may be a real positive in the landscape of love, you may be aware that cohabiting couples are not offered the same protections when they separate as married couples. In this article, we’ll weigh up the arguments for reforming cohabitation law and dive into why recent calls to the Government were rejected. We’ll also address some of the myths on cohabiting and address the future of cohabitation law. Cohabitation rates have grown much faster than marriage rates have declined, demonstrating that more couples than ever before are deciding to cohabit instead of following the traditional route of marriage. The number of cohabiting couples has grown from 1.5 million in 1996 to 3.6 million in 2021, a whopping increase of 144%. That’s 1 in 5 couples, with a predicted rise to 1 in 4 by 2031. According to ONS figures, cohabiting is the fastest growing family type in the UK. In fact, the number of cohabiting couple families continues to.

Key information

• Common Law Marriage Is Automatically Recognised: One common myth is that simply living together for a certain period of time automatically creates a common law marriage with the same legal rights as a formal marriage. In reality, common law marriage is not recognised in all areas, and even where it is, specific requirements must typically be met.
• A Specific Duration of Cohabitation Creates Common Law Marriage: Some believe that a certain number of years living together automatically results in a common law marriage. The time required varies by location, and it is not the only factor considered in common law marriage recognition.
• Common Law Marriage Protects Property Rights: Another myth is that common law marriage guarantees property and financial rights similar to those in a formal marriage. While common law marriage may provide some legal rights, these rights are usually more limited compared to formal marriages.
• Common Law Marriage Is Easy to Prove: People often assume that it's easy to prove the existence of a common law marriage. However, establishing a common law marriage typically requires more than just living together; it often involves demonstrating mutual intent to marry, joint finances, and public recognition of the relationship.
• A new public awareness campaign should be launched on the distinctions between marriage, civil partnership and cohabitation
• The Government should legislate for an opt-out cohabitation scheme as proposed by the Law Commission
• Cohabiting partners should have the right to inherit from their partners in the result of death, concerning intestacy rules, which determine who should inherit when there’s no will
• Society has changed. Marriage is no longer the only and obvious choice for couples and instead, many couples are cohabiting. Despite remaining popular, the marriage rate halved between 1991 and 2019 and is at its lowest point since records began.
• Although this may be a real positive in the landscape of love, you may be aware that cohabiting couples are not offered the same protections when they separate as married couples.
• In this article, we’ll weigh up the arguments for reforming cohabitation law and dive into why recent calls to the Government were rejected. We’ll also address some of the myths on cohabiting and address the future of cohabitation law.
• Cohabitation rates have grown much faster than marriage rates have declined, demonstrating that more couples than ever before are deciding to cohabit instead of following the traditional route of marriage.
• The number of cohabiting couples has grown from 1.5 million in 1996 to 3.6 million in 2021, a whopping increase of 144%.

Practical guidance

• Source: Should The Law on Cohabitation Be Reformed?

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