Cohabitation Law – is there a need for reform?

Periodically, laws become outdated and fail to reflect contemporary society, posing a risk of constraining couples under legislation that no longer aligns with modern realities. This disconnect acts as a barrier to societal progress, preventing the law from evolving beyond traditional norms.

One clear example of this gap is the “common law marriage myth,” where many cohabiting couples mistakenly believe that living together grants them legal rights similar to those of married couples. This belief leaves cohabiting partners with minimal legal protections, especially in contrast to married couples. Such an approach fails to reflect the diversity of today’s relationships and underscores the need for legislative reform. Without reform, the law risks becoming increasingly out of date, what may have suited past societal norms no longer aligns with present-day realities.

If laws do not evolve alongside society, they risk placing certain individuals in vulnerable situations. Failing to legally recognise cohabiting partners can lead to disparities and potential financial or emotional vulnerabilities in the event of separation. By recognising cohabiting relationships as being on a par with marriage, the law could adapt to include a wider spectrum of relationship structures. This would allow for a more flexible legal framework that acknowledges the realities of contemporary relationships, increases fairness and ultimately benefiting both cohabiting individuals and society as a whole.

The current state of cohabitation laws urgently calls for reform, as societal attitudes toward relationships have evolved significantly. Statistics highlight this shift: 69.2% of couples aged 16 to 29 are now cohabiting, while only 4.5% of those aged 70 and over do so.

https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/populationestimates/bulletins/populationestimatesbymaritalstatusandlivingarrangements/2019