Home / Cohabitation is the fastest growing kind of family, when will UK law catch up?
17th November 2025
Janine Hutson, Senior Associate
In recent years, it has become far more common for couples to live together, either before they marry, or without intending to marry. Cohabitating families have become the fastest growing kind of family in the UK over the course of the last ten years. As of 2024, there were approximately 3.5 million cohabiting families in the UK, around 17% of the total. However, the law has not yet caught up with such significant societal change.
Currently, UK law does not provide the same rights and protections to couples who are not married or have not entered a civil partnership. This can lead to significant issues when the couple separates, particularly in relation to their property and finances. Some cohabitating couples will be aware of their legal position and make appropriate arrangements to protect themselves. But for many, these issues can come as a shock, as there continues to be myths and misconceptions around the ‘common law marriage’.
Although there has been much discussion and campaign for change to the law, there has not yet been any significant developments as a result. In meantime, if you are in a cohabiting relationship, it is important to consider taking the following steps:
Entering into a Cohabitation Agreement sets out your agreed rights and responsibilities during your relationship and what would happen if you decided to separate in the future.
These arrangements can include how your property and other financial assets would be divided in the event of a separation, and the arrangements you agree to make for your children. Entering into a formal written agreement avoids dispute later about what had been intended and agreed between you.
If your property is jointly owned, entering into a declaration of trust may be an option. A declaration of trust will set out the shares you each hold in the property and the circumstances in which the property can be sold, which can be a particularly useful when there have been unequal contributions made to the purchase of the property.
This option is only available if the property is held as tenants in common, meaning that if one of you dies, the other will not automatically receive your share of the property. Instead, your wishes would be included in your Will. If you hold the property as joint tenants, if one of you dies, the other will automatically receive your share of the property.
Writing a Will is essential to ensure that your partner is provided for at the event of your death. As a cohabiting couple, your partner will not have any automatic entitlement to benefit from your estate if you die without leaving a Will.
If you die without a Will, the intestacy rules will apply. Currently, unmarried partners are not provided for by the intestacy rules.
Until there is a significant change in the law, these issues will remain a concern for cohabiting couples. Specialist legal advice should be taken to fully understand your position as a cohabitating couple and to make arrangements for your property, financial assets, and children. It is crucial to ensure that you are aware of what your legal position would be if you decided to separate, or if one of you dies, and to make arrangements that would be suitable for yours and your partner’s circumstances.
For more advice on cohabitation and or legal assistance for families please contact the Family Law department on 0161 832 3434 or email info@kuits.com.