A legal framework for cohabiters is increasingly critical

The number of people putting off saying 'I do' in favour of living together is one that continues to grow - statistics released last week show that around one in eight adults in England and Wales is living in a couple but not currently married or civil partnered.

With cohabitation most common in the 30 to 34 age group, it is increasingly becoming our new normal. But although this trend affects so many adults, and isn't a new or radical way of life, it still exists within a confusing legal landscape filled with potholes and pitfalls.

When these relationships break down, the fallout can be significant, particularly when there are children involved - as we in the legal sector know only too well.

An analysis of the general household survey, carried out by Éva Beaujouan and Máire Ní Bhrolcháin in 2011, suggested that the percentage of cohabiting partners in Britain who separate within five years is increasing. Of partnerships begun in the period from 2000 to 2004, around one-quarter continued after five years, with four in ten couples marrying and 35 per cent separating.

Alongside this data, the Office of National Statistics has released figures showing that a third of children in England and Wales were born to cohabiting couples in 2013. The proportion of cohabiting couple families with dependent children in the UK now stands at 15 per cent. This is a rise from around one in ten in 1986.

But with 58 per cent of those surveyed revealing they are unaware that 'common law marriage' is a myth, it's becoming increasingly important to address the legal vacuum within which cohabiting couples - and their dependants - find themselves.

Although legal guidelines exist for cohabiting couples in Scotland, no similar laws yet exist in England, which puts the legislators to shame. This short-sighted, traditionalist approach leaves millions of couples and their children in very tricky territory if ever anything should go wrong in the relationship.

The need for a clear framework which addresses the vulnerability of cohabiting couples is becoming ever more vital. Although it could be argued that it is wrong to impose restrictions on people who may have had no intention of creating a legal relationship simply by living together, a framework is needed to ensure that couples and their dependants are properly informed, educated,
and protected.

Attempts appear to have been made to introduce reform by way of private members' bills, but there seems to have been no appetite on the part of the government - whether coalition or Conservative - to take steps to address this area or to follow up the recommendations made by the Law Commission several years ago.

While there are strong views on both sides of the debate, there is still no great expectation of legislative reform in the foreseeable future.SJ

Paul Hunt is a senior associate at Kirwans