Cohabitation Week highlights need for legal protection

As family law solicitors, we see first-hand the impact that the lack of rights for cohabiting couples has on society, individuals and their families.

Cohabitation is the fastest growing family type in the UK, yet it still carries no legal status.

In London and the South East alone, it’s estimated that over 800,000 couples are cohabiting, with nearly 300,000 of these having dependent children. Despite their growing numbers, cohabiting couples do not enjoy the same legal protections as married couples or those in civil partnerships.

This is why Cohabitation Awareness Week is so important – to spread awareness and help couples protect their futures.

A startling lack of legal protection for cohabiting couples

The lack of rights for cohabiting couples is startling, given how common this family type has become. While married couples enjoy legal privileges and protections automatically, cohabiting couples must actively seek to protect themselves. This often involves creating a cohabitation agreement, writing a will, and keeping on top of insurance and pension paperwork to ensure the right beneficiary is named.

Unfortunately, without these protections in place, when a cohabiting relationship ends or one partner passes away, there are no automatic rights or safeguards. For example, a surviving partner does not inherit anything under the rules of intestacy unless there is a will. This leaves many cohabiting couples vulnerable, sometimes needing to go to court to claim what is rightfully theirs, despite years of shared life together.

No rights for unmarried partners

If a cohabiting couple breaks up, things can get complicated. One partner can leave the relationship and walk away without any legal responsibilities towards the other. We often see cases where one partner sells their home to move in with the other, using the sale proceeds to invest in their partner’s property.

If the property is solely in the partner’s name, without a cohabitation agreement or legal documentation, the other partner may struggle to recover their financial investment.

This issue tends to affect women more, as they are more likely to have taken time out of work to raise children. As a result, they may not only lose their home but also struggle to provide for themselves and their children after the relationship ends.

Cohabitation agreements are a vital tool

A cohabitation agreement is an important piece in the puzzle for cohabiting couples. It allows couples to protect their assets, set out clear financial arrangements and ensure that their contributions are recognised. We’ve discussed the benefits of a cohabitation agreement in the past, and it’s clear that having this document can prevent many legal disputes in the event of a relationship breakdown.

However, a cohabitation agreement is not the only step cohabiting couples should take. Writing a valid will is essential to protect your partner if you pass away. Yet, statistics show that only 1/3 of people in the UK have a will, leaving many cohabiting couples vulnerable.

Resolution’s campaign for cohabiting couples

At Thomas Mansfield Family Law, we support Resolution’s campaign for legal protection for cohabiting couples. As members of Resolution, we are working to spread awareness of this issue during Cohabitation Awareness Week, running from 27th November to 1st December.

Until the law changes, it’s vital that cohabiting couples take steps to protect themselves through legal documentation, including cohabitation agreements and wills.