The way we form families has been changing over the last decade and the pace of change hasn’t slowed. According to the latest figures from the Office for National Statistics (ONS), more couples than ever are choosing to live together without getting married or registering a civil partnership.
The Families and Households in the UK: 2024 report shows a steady increase in the number of cohabiting couple families, rising from 3.1 million in 2014 to 3.5 million in 2024. They now make up 17.7% of all family households, compared to 16.4% ten years ago.
This growing trend reflects changing social attitudes and while cohabitation continues to be the fastest-growing family type in the UK, the law hasn’t caught up and that’s where problems can arise.
The Myth of “Common Law Marriage”
One of the most common misconceptions we hear from clients is the idea that after a few years of living together, you become a “common law spouse.” In reality, there’s no such legal status. Cohabiting couples in England and Wales do not have the same rights as married couples — no matter how long they’ve been together or whether they have children.
This means that if the relationship ends or one partner dies:
- There’s no automatic right to a share of the other person’s property or pension.
- You may have no claim on savings, income, or even the home you share — unless it’s in your name or you can prove a beneficial interest.
- There’s no protection for the partner who may have taken on more childcare responsibilities or earned less during the relationship.
Protecting yourself with a Cohabitation Agreement
A cohabitation agreement is a practical and affordable way to provide clarity and legal protection for both partners. It can set out:
- How property, finances and debts will be managed
- Whether ongoing occupation rights may be intended in the home for the survivor if one of you dies
- What happens if you separate
- How children and childcare responsibilities will be supported
Think of it like an insurance policy for your relationship — something you hope you won’t need, but could make all the difference if things change in the future.
Our advice for cohabiting couples
Whether you’re just moving in together or have been living as a family for years, it’s worth having an open conversation about what cohabitation means legally and how to protect your future. At The Family Law Company, we regularly support couples with cohabitation agreements.
We offer a free initial consultation to help you understand your rights and options.
Need some advice? Get in touch today
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