Cohabitation law reform gains momentum

As the number of cohabiting, unmarried couples in the UK continues to rise, the Family team at leading law firm Forsters has identified clear trends that are intensifying pressure for the long-awaited reform of cohabitation law for unmarried couples. New YouGov data, commissioned by Forsters ahead of the government’s forthcoming consultation on cohabitation rights, reveals confusion over legal protections for cohabiting couples, who are now Britain’s fastest growing family type. Despite this uncertainty, the public strongly supports fair treatment of long-term partners and clearer rules on rights and responsibilities when couples separate, including defined qualifying periods for gaining rights and protection where children are involved.

Key findings from the research underscore this trend. Nearly two-thirds of those polled believe unmarried couples should be able to leave assets to each other free of inheritance tax. Those who are living as married are more likely than other groups to agree that unmarried couples should be exempt from this tax when transferring money and assets to one another, with 81% supporting this view. The survey also reveals that 52% think unmarried couples who have children should gain rights within the first five years of cohabitation, indicating strong public concern for family stability. Women show slightly higher support for this idea, with 55% in favour compared to 49% of men.

Among young adults, there is noticeable uncertainty; 68% of 18-24 year olds are unsure about whether cohabitants should be able to make financial claims upon separation, highlighting a need for education on these issues. Contrarily, over 65s are the demographic most likely to support the idea that unmarried couples living together should have the ability to make capital claims against one another if they split up, at a rate of 22%. People in households earning £50,000 or more are also more inclined than those in lower income brackets to believe that separating cohabiting couples should be allowed to make one-off capital claims.

This growing uncertainty is reflected in behaviour; over the past year, Forsters has witnessed a 50% increase in requests for cohabitation agreements, as couples seek to define their rights and responsibilities in case of separation. This underscores the depth of concern about a legal framework perceived as outdated and complex. Each finding illustrates a pressing need for reforms to cohabitation laws that reflect modern relationships, bolster family stability, and provide clarity for millions of individuals in the UK.

Jo Edwards, Partner and Head of Family at Forsters, commented, “For too long, families have been let down by laws that don’t reflect how people live. This new data, coupled with the 50% rise we’ve seen in cohabitation agreements, shows that people want fairness and clarity, while ensuring that the needs of children trump all else.” She further noted the need for a modernised and balanced reform approach that respects individual autonomy while ensuring legal protection for those in vulnerable positions.

As the Government prepares to launch its consultation, the necessity to clarify and modernise the rights of cohabitants is becoming ever more critical. Policymakers are expected to evaluate a variety of options, taking into consideration qualifying periods for eligibility for rights, opt-out requirements, needs-based mechanisms, and enhanced protections for couples with children. Jo Edwards stated, “Reform is on the horizon and most family lawyers would agree that it is long overdue. While we will be keen to look at the detail when the consultation comes out, and to engage with it as we look ahead to new legislation, for now it is a crucial moment for couples to understand both the current legal landscape and what future reform may look like.” She also encouraged couples to take proactive steps in assessing their legal arrangements, including reviewing or implementing cohabitation agreements, updating wills and estate planning documents, and understanding property ownership, to ensure clarity and security as legal frameworks evolve.