The Centre for Social Justice (CSJ) has warned that Andy Burnham's Labour Government risks cutting the number of births in England and Wales by more than 75,000 a year if it proceeds with plans to enhance the rights of cohabiting couples. The think tank fears a 'demographic time bomb' as deaths are projected to outstrip births.
Impact of 'marriage-lite' proposals
The CSJ argues that if the measures, currently out for consultation, had been in place over the last 15 years, 75,000 fewer babies would have been born annually in England and Wales. Analysts warn that a slump in birth rates could endanger living standards 'because the country will be short of workers to support growing numbers of pensioners'.
The proposals would also have 'damaging effects', including 'a further fall in the historically low marriage rate and more couples breaking up', according to the CSJ.
Finland's lesson
Sophia Worringer of the CSJ cited Finland's experience with similar policies, stating: 'The lesson from Finland is clear: marriage fell, cohabitation declined, and fertility dropped. Andy Burnham should scrap any plans to follow its example.'
Polling by JL Partners found that nearly six out of 10 UK adults believed 'couples should choose whether they marry rather than automatically gaining marriage-style rights after a set period of time'. By 56% to 13%, the public did not think living together should, by itself, confer a legal claim on a partner's savings, property or pension.
Government proposals
Labour's manifesto pledged to 'strengthen the rights and protections available to women in cohabiting couples'. The Government proposes that cohabitees in England and Wales who have lived together continuously for three years or more, or who cohabit and share a child, should have greater rights if the relationship breaks down.
The CSJ claims similar changes in Finland did not increase household stability among cohabiting couples and links this to a decline in marriage rates. Its report states: 'If England and Wales had introduced an equivalent reform to Finland in 2011, the analysis suggests there could have been 111,014 fewer marriages between 2012 and 2023, with 24,855 fewer marriages in 2023 alone.' It also warns that 'Finnish fertility rate fell by an estimated 21% by 2018, compared to similar countries where reforms did not happen'.
Political reactions
Shadow Justice Secretary Nick Timothy said: 'Conservatives have long understood that strong societies depend on strong families. That does not mean ignoring the realities faced by couples who live together or pretending marriage solves every social problem. But it does mean recognising that law shapes behaviour, institutions matter, and strong families are built on choices people make and keep.'
Ms Worringer added: 'Finland should serve as a warning. Many people in cohabiting relationships do not want to get married, and the Government should not impose marriage-style financial obligations on them by stealth. The public want greater choice over their private lives, and these proposals would impose a marriage 'auto-enrolment' to thousands of cohabiting relationships… With birth rates already at historic lows and population ageing piling pressure on the public finances, the potential costs are too great, and the evidence too significant, to ignore.'
A Ministry of Justice spokesperson said: 'This new framework will offer eligible cohabiting couples, in committed romantic relationships, a distinct and different set of rights from married couples, helping to preserve the sanctity of marriage.'
'With more than 3.5 million cohabiting couples and widespread confusion about their rights, it addresses a clear gap in the law. Unlike marriage, there would be no automatic 50:50 split of assets on separation, and people would generally keep what they legally own. This is an open consultation and the government will consider the findings of the consultation carefully before finalising policy.'
