New Laws for Cohabiting Couples UK
September 2025
Cohabiting couples are the fastest-growing type of family in England and Wales. Despite this, the law has historically offered them far fewer protections than marriage or civil partnership. Unlike spouses, cohabitants do not automatically acquire rights to property, pensions, or maintenance on separation. This lack of recognition has often left many people in vulnerable financial positions.
Although reform has been discussed, cohabiting couples remain without the same rights as married couples. Until change is introduced, couples should be aware of what the law currently provides and how they can take steps to protect themselves.
This summary provides general information and does not constitute legal advice on any individual circumstances.
The Myth of “Common Law Marriage”
One of the most common misunderstandings is the idea of a “common law marriage”. Many people believe that living together for a certain number of years gives them the same rights as being married. In England and Wales, this is simply not true. Cohabiting couples, regardless of how long they have lived together, do not acquire the same legal rights as spouses or civil partners. This misconception often only becomes clear when relationships break down, leaving one partner without the protections they assumed existed.
What the Law Currently Says
At present, there is no automatic right for cohabitants to claim maintenance, pensions, or property rights when a relationship ends. Disputes are usually resolved under property and trust law, meaning entitlement must be proven through ownership or evidence of financial contributions. This can make separation far more complicated and uncertain than divorce.
What Couples Can Do Right Now
Until reforms are introduced, couples can take proactive steps to protect themselves. A cohabitation agreement is one of the most effective ways to provide certainty. This legal document sets out how finances, property, and other responsibilities will be managed during the relationship and divided if it ends. It can help avoid disputes and provide reassurance for both partners.
Couples should also think carefully about how property is owned. Registering ownership correctly with the Land Registry ensures clarity about what each person owns and how equity will be divided if the relationship ends.
Finally, keeping financial records is invaluable. If one partner is contributing significantly more towards mortgage repayments, bills, or improvements to a property, evidence of these payments may help establish a beneficial interest in the event of a dispute.
Looking Ahead
Although there is growing recognition that the law does not adequately protect cohabiting couples, no immediate changes have yet been introduced. Couples should not assume that reform has already taken place or rely on myths about common law marriage. Taking practical steps today remains the best way to safeguard your position.
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