September 2025

Cohabitation is now the fastest-growing type of family arrangement in England and Wales, with more couples choosing to live together without marrying or entering into a civil partnership. Despite this trend, the law offers very limited protection to unmarried couples if their relationship breaks down or if one partner dies. Many people are surprised to discover that “common law marriage” is a myth and that simply living together does not create the same rights as marriage. A cohabitation agreement is one of the most effective ways for couples who live together to protect themselves legally. It provides clarity about finances, property, and responsibilities, helping to reduce uncertainty and disputes in the future.

Cohabitation is now the fastest-growing type of family arrangement in England and Wales. More couples are choosing to live together without marrying or entering a civil partnership. However, the law has not developed to match these social changes. When cohabiting couples separate, many discover they do not have the same rights as married couples, and this can come as a shock at an already difficult time.

More couples than ever are choosing to live together without marrying or entering a civil partnership. Cohabitation is now the fastest-growing family arrangement in England and Wales. Despite this, the law has not kept pace with social change, and unmarried couples are often surprised to discover they have far fewer rights than they expected. The widely held belief in a “common law marriage” is a myth. Simply living together, regardless of the length of the relationship, does not give cohabitants the same rights as married couples.

When couples decide to separate, one of the most common concerns is how finances, property, and childcare arrangements will be managed while they live apart. A separation agreement is a written contract that sets out the terms of your separation in clear and legally recognised language. Although not strictly binding in the same way as a court order, a properly drafted separation agreement can carry significant weight if later scrutinised by a court, particularly if it has been entered into voluntarily and both parties have had independent legal advice.

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.