Recent data reported by Today’s Family Lawyer shows a 9% drop in marriages and civil partnerships, continuing a steady long-term decline. Fewer couples are choosing to formalise their relationships but this shift doesn’t mean modern family life has become any simpler from a legal standpoint. In fact, for the growing number of cohabiting couples, the risks are often far greater than people realise.
The common-law marriage myth
One of the most persistent misunderstandings in family law is the belief that long-term cohabitation creates similar rights to marriage. It doesn’t. There is no such thing as “common-law marriage” in England and Wales.
Cohabiting partners do not automatically gain rights to each other’s property, pensions, income or assets, regardless of how long they’ve lived together or whether they have children. This misconception can leave individuals significantly exposed when their relationship breaks down.
Children add further complexity
When cohabiting parents separate, the legal and practical issues can quickly become complicated. While parental responsibility is not dependent on marital status, disputes around:
- where the children will live
- how decisions will be made
- financial contributions
- stability and routine
can be harder to resolve when finances, housing and childcare arrangements have developed informally over time.
Early, clear legal advice can help reduce conflict, clarify expectations and keep the children’s needs at the centre of every decision.
Financial vulnerability after separation
For many cohabiting couples, the biggest shock comes when the financial reality of separation becomes clear. Unlike spouses, cohabitants have very limited legal rights to share in each other’s assets. In most cases, a partner has no claim unless:
- their name is on the ownership documents, or
- they can prove direct financial contributions.
This often leaves the partner who has taken on more childcare, or sacrificed career opportunities, at a significant disadvantage.
Property disputes in cohabitation cases are commonly resolved through complex trust and land law principles. These cases can be expensive, lengthy and emotionally draining, particularly without specialist advice from the outset.
Why proactive planning matters
As cohabitation becomes the norm for many couples, planning and clarity are essential. A well-drafted cohabitation agreement can help couples:
- Set out how property is owned
- Protect personal or inherited assets
- Clarify financial responsibilities
- Agree how child arrangements would be approached
- Reduce the risk of future disputes
These agreements are not about expecting the relationship to fail – they are about creating stability and confidence as you build a life together.
How Harrogate Family Law supports cohabiting couples
At Harrogate Family Law, we regularly help cohabiting couples understand their rights, resolve complex separations and put protective arrangements in place for the future. Whether you are moving in together or facing a separation, early specialist advice can prevent uncertainty and protect the wellbeing of everyone involved – especially children.
A changing legal landscape
As marriage rates continue to fall, the law has not evolved in line with modern family life. Until reform arrives, cohabiting couples remain one of the most legally vulnerable groups in society. Awareness, planning and professional guidance are more important than ever.
Cohabiting couples face unique legal risks, but the right advice can make all the difference. Whether you’re planning ahead or dealing with a separation, our expert team can help you take the next step with clarity and confidence. Get in touch with Harrogate Family Law today to arrange a confidential discussion.
