Will There Be a Cohabitation Reform in 2025?

A ‘modern’ relationship in 2025 often sees couples choosing to live together without getting married. This can include couple’s sharing property, savings, pets and even planning and family unit with children, without any intention of marrying.

The number of cohabiting couples in the UK has increased from around 1.5 million in 1996 to now over 3.6 million.

However, in current UK law, unmarried couples, often referred to as cohabiting couples, do not have as many legal rights as those who are married do. Because of this, disputes over property and finances during separation can become very costly and time-consuming unless the couple have a cohabitation agreement drafted planning for what will happen in the unfortunate event of a separation..

The legal position of cohabiting couples, who live together without getting married or entering a civil partnership, has come back into the public eye.

In their 2024 manifesto, the Labour Government pledged to strengthen the rights and protections of those in unmarried relationships. In February 2025, it was announced the Government are set to consult on a reform on cohabitation rights later in the year.

The minister responsible for family justice has said that a formal consultation will begin later in 2025 “to build public consensus on what cohabitation reform should look like”.

The news is welcomed news as family solicitors in the UK have long called for family law reform to better protect unmarried clients.

The family law group, Resolution, has previously said the current ‘unfair’ cohabitation laws cause misery and dire financial hardship to many unmarried couples in the UK.

What are the legal rights of cohabiting couples?

Sadly, for unmarried couples, under current law, you do not have the same rights as a married couple. This means you have no automatic rights over property in your partner’s name, possessions owned by your partner, finances, investments, businesses or pensions owned by your partner no matter how long you are together as a couple. Similarly there are no automatic rights or responsibilities relating to children where you are not the legal parent.

The current legal position for cohabitating couples can leave one party at a significant disadvantage and vulnerable on separation. Often those entering such a relationship are unaware of the legal implications and the limitations of the law as it presently stands.

Often, women can be at a disadvantage during a separation if they are unmarried and sacrifice or interrupt their earning capacity to take on the role of homemaker or primary carer for a child.

Similar inequalities can come into effect if one partner pays the mortgage of a property held in their sole name and the other partner pays for household expenses. The latter may be left unprotected in the event of a breakdown of their relationship.

Also, in regard to children rights, a ‘cohabiting father’ will not receive parental responsibility unless he is registered on the birth certificate or enters into a parental responsibility agreement.

However, if a cohabitation agreement is in place, this can provide for the rights and responsibilities if an unmarried couple separates and significantly reduce the scope for dispute. This can therefore significantly reduce costs and acrimony on separation. Expert legal advice is also vital at the outset so that anyone entering a cohabiting relationship is aware of the legal implications of the contributions they make over the years.

Find out more on Unmarried Couples Rights in our advice article.

What are cohabitation agreements?

A cohabitation agreement is a document which allows unmarried couples to set out any financial rights and responsibilities over property, finances, investments childcare and possessions. A cohabitation agreement can be prepared by a family law solicitor.

Find out more on cohabitation agreements in our advice article.

Unmarried couples should also ensure they protect their best interests by putting appropriate Wills in place.

You should always seek legal advice if you have any worries about ownership of assets and finances or your rights in an unmarried relationship or in respect of any children.

A family law solicitor can not only offer advice on how to protect your own interests but help you draft a cohabitation agreement and give advice on how to legally manage your assets with your partner. 

We offer a free 30-minute consultation on your first appointment, which can be made face-to-face, on the phone or by video call, as well as flexible appointments that can be arranged to fit around lunch breaks or work commitments.

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