Cohabitation reform gets nod from STEP

STEP, the professional body representing trust and estate practitioners, expressed its support for the government's consultation on cohabitation reform, labelling it a long-overdue improvement towards fairness in family law. The consultation, titled A Fairer End to Relationships, aims to address divorce financial settlements, cohabiting separation rights, and inheritance rights for cohabitants. Recognising the increased number of couples living together without formalising their relationships, STEP stresses that marriage and civil partnerships must remain legally distinct to protect vulnerable families. Emily Deane TEP, STEP's Technical Counsel & Head of Government Affairs, emphasised the importance of clear guidelines, stating that "Too many couples still believe common law marriage protects them and find out only on separation or bereavement that it does not."

In its response, STEP underscored the pressing need for a framework that reduces disputes and emotional distress. With over 3.5 million couples cohabiting without a marriage or civil partnership, many lack the understanding that 'common law marriage' does not provide automatic inheritance rights. The STEP Barometer 2026 revealed that 43% of practitioners identified legal challenges arising from unmarried or cohabiting couples, reinforcing the urgency for reform.

Key recommendations included an extended qualifying period for cohabitants seeking legal rights, suggesting a minimum of seven to ten years instead of the proposed three years. STEP believes this is vital to prevent couples from artificially timing separations or commitments to sidestep legal entitlements. They also advocate for stringent eligibility criteria regarding inheritance rights to avoid unintended disinheritance of children from previous relationships. Deane noted that giving cohabitants the same intestacy status as spouses and civil partners could lead to significant consequences, urging that "Eligibility must be tightly defined, and robust protections are needed for children from previous relationships."

In concluding its submission, STEP called for the clear distinction between marriage, civil partnerships, and cohabitation, arguing that the same legal consequences should not apply automatically to those who have not made deliberate choices to engage in formal relationships. The consultation underscores the importance of safeguarding vulnerable parties while ensuring that independent legal rights are respected. Experts from STEP emphasise the necessity for good legal planning, with a significant portion of cohabiting individuals lacking wills and thus facing potential legal battles. Nina Sperring TEP remarked that "41% of cohabiting people in the UK don't have a will, leaving them at risk of being left with nothing and facing a costly legal battle."