Cohabitation trends highlight need for reform

Sital Fontenelle, Head of Kingsley Napley's Family and Divorce practice, commented on the Office for National Statistics’ latest Marital Status and Living Arrangements data, highlighting significant trends in relationships within England and Wales. “Today's figures once again confirm the trend of declining marriage and divorce rates and an increase in the proportion of couples co-habiting (who are not in a marriage or civil partnership).” The data indicates that 60.5% of the population aged 16 and over are either living with a legal partner or cohabiting, reflecting a notable shift from the previous decade.

The findings reveal that the percentage of those married or in a civil partnership has dipped below 50%, down from 51.5% in 2014 to 49.5% in 2024. Meanwhile, divorce rates show no significant change overall, though there has been a decrease in the number and proportion of divorcees aged 30-59 and a rise among those over 65, who are often referred to as silver splitters. Furthermore, the report states that 36.8% of the cohabiting population were never married or civil partnered, reflecting an increase from 33.9% in 2014, emphasising a growing trend of families choosing cohabitation over marriage.

Fontenelle argues that these statistics underscore the necessity for cohabitation reform, stating, “This data strengthens the case for cohabitation reform. The Government committed to hold a formal consultation by the end of this year and yet there is no set date.” She expressed concern over the urgent need for public dialogue on the potential legal reforms necessary to address the changing societal landscape. “English law is not only out of date for societal norms but also compared to other jurisdictions.”

The current legal framework leaves cohabiting couples, especially women who often act as primary caregivers, vulnerable to financial hardship in the event of a split. Fontenelle noted that this situation could exacerbate childhood poverty, urging, “If the Government wants to be true to its pledge on tackling childhood poverty this could be an important area to address.” The report from the Women and Equalities Committee highlights how existing laws are disadvantageous to women upon separation.

Despite the absence of formal reforms, Fontenelle suggests couples who choose to cohabit can take proactive measures by entering into cohabitation agreements, similar to prenuptial agreements. She stressed the need for increased education around such agreements, stating, “They currently represent the best way to protect parties in the event of relationship breakdown and can help to minimise disputes in that scenario.” However, she warned that these private agreements have limitations and cannot replace the need for comprehensive legal reform to safeguard the interests of women and children.

In conclusion, as societal trends shift towards cohabitation, there is a pressing need for legislative change to provide essential protections for families and prepare for the evolving landscape of modern relationships.