Government consults about strengthening protection for unmarried couples

The government is launching a new consultation on family law that proposes to strengthen financial rights of unmarried couples if they split up.

The consultation, entitled ‘A fairer end to relationships’ aims to reform financial issues surrounding divorce and separation of unmarried couples who are cohabiting. Over 3.5 million couples live together in the UK without getting married or entering into a civil partnership. It is expected that by 2031 one in four families will be cohabiting, and in 2022 over half of babies in the UK were born to unmarried parents.

At present cohabiting couples have limited financial protections if they separate and the consultation proposes some of the biggest changes to family law in decades. A new statutory framework would automatically apply to committed couples who have lived together for at least three years, or share a child, with the option to opt-out if both sides agree. The framework would allow for a clean break where possible, with the courts beginning from the position that each person keeps what they legally own. However, the terms of settlement would be narrower than those available to married couples who divorce.

The government made a manifesto commitment to strengthening protection and rights available to women in unmarried couples as part of tackling violence against women and girls. They argue that these financial protections help victims of domestic abuse to escape unsafe relationships.

Justice Secretary, David Lammy said: “When a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life. We're launching this consultation to make sure our new family law builds a fair system that offers the most vulnerable protection in the event of a breakup, and at a time where the country is facing cost of living pressures.”

He added: “Whether you’ve been left bereaved by the sudden and unexpected death of a partner, or escaped horrific domestic abuse, our laws should work to protect you. These reforms strike an important balance between tradition and modernity.  I’m determined that our justice system should work for everyone who needs it.”

Nearly half of people believe there is a legal status of ‘common law marriage’ which provides protections for unmarried couples should they separate. However no such status currently exists in UK law. Claire Andrews, a family partner at Osbornes Law, said the proposals would “close a legal loophole that has left some unmarried people who split with their partner destitute, as they had no legal recourse to get a share of the relationship pot”.

The government says that the proposals in the consultation are intended to ensure “protections for cohabitants are proportionate, targeted and clearly differentiated from the full legal consequences of marriage, maintaining marriage as a distinct institution.”

The government consultation runs for ten weeks and is due to close on 14th August.