In modern Britain, traditional life milestones are no longer followed in a neat, predictable order. The once-expected sequence of marriage, home ownership then children has shifted significantly. For many people in their twenties and thirties, priorities now centre on building stable careers with marriage and family life often postponed or reconsidered entirely.

Recent figures highlight just how much attitudes have evolved. Millions of couples across the UK now live together without marrying or entering into a civil partnership and this number has grown rapidly over the past decade. Whilst marriage and civil partnerships continue to exist, cohabitation has become an increasingly common choice either as a stepping stone or a long-term alternative. Financial pressures may also play a role, after saving for a house deposit many couples find the rising cost of a wedding fuelled by social media and celebrity influence simply out of reach.

The risks of living together without legal protection

Despite its popularity cohabitation carries significant legal uncertainty. A widespread misconception is that long-term partners acquire rights through a so-called “common law marriage.” In reality, this concept has no legal standing in England and Wales.

No matter how long a couple has lived together or how intertwined their lives may be, they do not benefit from the same legal protections as married couples or civil partners. If the relationship ends, there is very limited scope for financial claims aside from strict property law principles. This can lead to particularly harsh outcomes, for example, where one partner has sacrificed their career to care for children and is left financially vulnerable.

The courts themselves have acknowledged the shortcomings of the current system. In cases such as Jones v Kernott judges have pointed out that existing laws offer only restricted solutions when cohabiting relationships break down. Earlier, the Law Commission also criticised the framework as unclear, costly and often unfair in its results.

Attempts at reform

Proposals have been made to address these issues. The Law Commission previously recommended introducing a legal scheme that would provide financial remedies for cohabiting couples unless they chose to opt out. Suggested criteria included having children together or living as a couple for a minimum number of years. Comparable systems already exist in countries such as Scotland, Canada and Australia. However, these proposals were ultimately rejected by the Government leaving the legal position unchanged.

While some couples choose to put cohabitation agreements in place setting out arrangements for property, finances and household responsibilities, these remain relatively uncommon and do not offer the same level of protection as marriage.

Looking ahead

There are signs that attitudes within government may be shifting. Surveys have indicated that a significant number of MPs support stronger legal safeguards for cohabiting couples and the issue has been raised in political discussions and policy proposals.

Given the growing diversity of modern relationships, many question why long-term unmarried couples should not receive similar legal recognition and protection as those who marry or enter civil partnerships. For now however, meaningful reform appears unlikely without sustained public pressure. In the meantime, the law continues to favour formal unions while incentives to marry remain modest at best.

If you wish to discuss your rights or any cohabitation related matters, please contact us on 01492 685462 or email zoey.smith@baineslaw.uk