Shake-up of relationship rights: Forsters identifies key trends accelerating demand for cohabitation reform for couples
- New YouGov research highlights strong public appetite for clearer rights
- Forsters records a 50% increase in cohabitation agreement requests, reflecting rising concern about legal gaps for unmarried couples
- Government set to launch consultation on cohabitation reform imminently
As the number of cohabiting, unmarried couples in the UK continues to rise, the Family team at leading law firm Forsters has identified clear trends that are intensifying pressure for the long-awaited reform of cohabitation law for unmarried couples.
New YouGov data, commissioned by Forsters ahead of the government’s forthcoming consultation on cohabitation rights, reveals confusion over legal protections for cohabiting couples – Britain’s fastest‑growing family type[1]. Despite this uncertainty, the public strongly supports fair treatment of long‑term partners and clearer rules on rights and responsibilities when couples separate, including defined qualifying periods for gaining rights and protection where children are involved.
Key findings include:
- Nearly two-thirds (60%) of those polled believe unmarried couples should be able to leave assets to each other free of inheritance tax.
- Those who are ‘living as married’ are more likely than other groups to think that unmarried couples should be able to leave money and assets to each other without paying inheritance tax (81%).
- 52% say unmarried couples who have children should be eligible for rights within the first five years they live together, demonstrating strong public concern for family security. Women were more likely than men to hold this view (55% of women vs 49% of men).
- Young adults are the least certain about their views: 68% of 18-24‑year‑olds ‘don’t know’ whether cohabitants should be able to make financial claims on separation, suggesting a need for greater education.
- Over 65s were the group most likely to say an unmarried couple who live together should be able to make capital claims against the other if they split up (22%).
- People with household incomes of £50,000 or more were more likely than other income groups to believe that cohabiting couples who separate should be able to make one‑off (capital) claims.
This uncertainty is already shaping behaviour: in the past year, Forsters has seen a 50% rise in couples requesting cohabitation agreements to clarify their rights and responsibilities on separation, underscoring the extent to which people feel they must create their own legal certainty in the face of a system widely criticised as complex and outdated.
Together, these findings demonstrate the need for cohabitation reform that reflects modern relationships, supports family stability, and delivers clarity for millions of people across the UK.
Jo Edwards, Partner and Head of Family at Forsters, commented: “For too long, families have been let down by laws that don’t reflect how people live. This new data, coupled with the 50% rise we’ve seen in cohabitation agreements, shows that people want fairness and clarity, while ensuring that the needs of children trump all else.
“The findings suggest the need for a modernised yet balanced reform approach: one that respects autonomy and possible concerns in some quarters about imposing automatic rights and responsibilities on unmarried couples, while ensuring that those in more vulnerable positions receive appropriate legal protection. Any new framework must strike that balance carefully and proportionately.”
As the Government prepares to launch its consultation, the need to clarify and modernise the rights of cohabitants has never been more significant. Policymakers are expected to consider a range of options, including qualifying periods to be eligible for rights, opt-out requirements, needs‑based mechanisms and enhanced safeguards for couples with children.
Jo Edwards concluded: “Reform is on the horizon and most family lawyers would agree that it is long overdue. Whilst we will be keen to look at the detail when the consultation comes out, and to engage with it as we look ahead to new legislation, for now it is a crucial moment for couples to understand both the current legal landscape and what future reform may look like. Couples should also take proactive steps. Reviewing or putting a cohabitation agreement in place, updating wills and estate planning documents, considering a nuptial agreement if marriage is on the cards, and understanding how property is owned, can all provide vital clarity and security as the law continues to evolve.”
[1] The number of cohabiting couples in the UK rose from 5.5 million in 2014 to 6.5 million in 2024.
