A cross-party group of MPs has recommended introducing a scheme proposed by the Law Commission in 2007 to give legal protection to unmarried cohabitants.
The number of cohabiting couples has more than doubled to 3.5 million in 2020 from 1.5 million in 1996. Concerns are that many still believe in the “common law marriage” myth, that if they live together for a significant period of time, they will benefit from the same legal rights as a married couple. Whilst quietly putting up with someone’s snoring or drinking the absolute disaster they call a cup of tea for 20 years may earn you a hypothetical medal, it is just that.
The reality is that a cohabiting, unmarried couple will have a legal relationship only in relation to property (if they own it together or one is claiming a beneficial interest) and/or children (financial provision for the benefit of a child).
It comes as shock to many, especially those in very long cohabiting relationships, to learn that they have very limited legal rights as they were never married or entered into a civil partnership (reference again to 20 years of snoring and milky tea).
The House of Commons women and equalities committee has said that the government should commit to publishing draft legislation in the 2023-24 parliamentary session. The Government has yet to comment in full, but developments in this area would be a welcome change for those in cohabiting relationships, and the professionals advising them.
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