A year ago, my colleague Caroline Elliott posted a blog regarding the possibility of reform of the law in England and Wales surrounding cohabitating couples. This followed the statement made at the Labour Party conference in 2023 by the then shadow attorney general, Emily Thornberry, that a Labour government would look to reform the law on cohabitation, with the reform focused on rights of property and a party’s ability to claim financial support.
With Labour having made that commitment at their party conference, one would have expected some details as to the proposed reforms to be included in the party manifesto in advance of the 2024 general election. However, no detail was provided and following Labour’s landslide victory at the 2024 election it remains to be seen what form the proposals on the cohabitation law will take place and when (and if) indeed it will happen.
As a reminder, under the current law there is very little legal protection for unmarried couples who separate after cohabiting in comparison to married couples. Separating cohabitants do not have any automatic entitlement to their ex-partner’s pension or other assets regardless of the length of the relationship or whether that relationship involved children. Claims are usually limited to those concerning property, although Schedule 1 of the Children Act does provide some further assistance in limited circumstances.
In 2022, a report published by the House of Commons Women’s and Equalities Committee recommended a reform of the cohabitation law to prevent “a growing number of cohabitants and children being left vulnerable”.
In Scotland, the law affords legal protection to separating cohabiting couples. To be entitled to that legal protection, cohabitants first need to prove that they had been living together in a similar way to a married couple and second, that one party has suffered an economic disadvantage as a result of the separation or that the other has derived an economic advantage. It remains to be seen whether the reform in England and Wales adopts a similar approach.
It is always important to seek legal advice to obtain an understanding of your rights in the event of a breakdown of a relationship or in the event of the death of your cohabiting partner. If you have any questions in relation to cohabitation law or family law generally, please do not hesitate to get in touch with a member of the family law team.