Number of cohabiting couples has doubled in last two decades

Figures released from the Office for National Statistics (ONS) that 12 per cent of adults live unmarried and with a partner are a reminder that the law does not provide adequate legal protection for people in cohabitating relationships.

The study found that one in eight in England and Wales live together as a couple without being married.

'Despite this,' said Resolution chair, Jo Edwards, 'the law doesn't give people in this type of relationship any meaningful legal protection if they separate or if one of them dies.'

The last 20 years has seen the number of unmarried couples in the UK more than double, yet still, nothing has changed in how the law deals with cohabiting couples and their property if they separate.

'Even if one partner has given up work to care for children, or has contributed by supporting their partner in their career by running the home, often their contributions will not be recognised in law, especially if the children have already grown up and left home,' said Edwards.

Resolution is advocating for the introduction of legal protection to ensure cohabitants are treated fairly in the case of the separation or death of one partner. Eligibility criteria indicating that they are in a committed relationship would allow them to apply for certain financial orders in the case of separation or death. The right would be automatic unless the couple chose to 'opt out'.

The organisation released a Manifesto for Family Law in February of this year, calling on the government to make changes to the law on cohabitation, along with other proposals such as the introduction of 'no fault divorce' and clarification of the treatment of divorce financial settlements.

Esther Nimmo is an editorial assistant at Solicitors Journal

esther.nimmo@solicitorsjournal.co.uk @EstherNimmo