A family law solicitor has warned that unmarried couples living together risk significant financial loss unless they take proactive legal steps, as proposed reforms to grant them rights are not expected to reach Parliament until late 2027 or 2028 at the earliest.
Current Legal Void for Cohabiting Couples
Currently, couples who are neither married nor in a civil partnership have no automatic right to inherit upon the death of a partner, and there is no legal framework for dividing assets if the relationship breaks down. Despite this, many couples remain unaware of their vulnerable position.
Beth Kivelä, family law expert at Rayden Solicitors, said: "It is never too early to seek advice from a specialist family lawyer on the steps you can take to establish and clarify your intentions around property ownership and financial contributions in the event of a separation."
Proposed Reforms and Timeline
The proposed legislation would grant couples who have lived together for a specified period—currently suggested at three years—a number of additional automatic entitlements and rights. However, these proposals are not anticipated to start their way through Parliament until late 2027 or 2028, meaning a further delay before any changes take effect.
Kivelä explained: "The financial outcomes for many cohabiting couples when they separate are unfair compared to those of divorced couples in comparable situations. Many victims of domestic and economic abuse can also find themselves in the unenviable position of having to choose between staying in an abusive relationship or separating with no financial security."
Children and Wellbeing at Risk
Children are often caught up in this dilemma, which can have significant implications for their overall wellbeing. The expert urged couples not to misinterpret the proposed reforms, cautioning that they would not afford the same rights as married couples or civil partners.
"Cohabiting couples should be under no illusion that the proposed reforms will entitle them to the same rights as married couples; they make it very clear that marriage is to retain a unique status," Kivelä said. "Unlike the court's approach to a divorce, there would be no starting assumption of a 50/50 split of the assets. The court would also interpret cohabitants' needs more narrowly than on divorce and would not take discretionary needs into account."
Key Differences from Marriage
The proposed reforms would also require the court to impose a clean break as soon as it is just and reasonable to do so, whereas on divorce, the emphasis is on the ability of the weaker financial party to transition to independence. Under the new laws, couples who have lived together for at least three years, or who share a home and have a child, would be granted statutory rights and responsibilities when they split up. However, they would need to submit an application to the court within two years of their separation for their claim to be considered.
Immediate Action Advised
Kivelä recommended that couples consider drafting a cohabitation or nuptial agreement now. "Drafted properly, a cohabitation or nuptial agreement allows couples to decide for themselves what they consider to be a fair financial outcome on separation in light of their specific circumstances," she said.
