‘Wait to reform cohabiting couples law could see millions lack basic protection’

Basic legal protections for cohabiting partners and their children could be delayed by years if the Government sticks to its “untenable” position to wait until other laws in that area are dealt with, MPs have warned.

The Women and Equalities Committee said it sees “no reason why” reform of cohabitation law cannot progress while work is under way to review the law on divorce and marriage.

In August the committee suggested that “urgent” reforms are needed to current laws which leave cohabiting couples receiving “inferior protections” despite a shift in social norms.

Cohabitation is the fastest growing family type in the UK, with more than 3.6 million partners cohabiting.

The committee called for law reform to better protect cohabiting couples and their children from financial hardship in the event of separation, urging a commitment to publish draft legislation for pre-legislative scrutiny in the 2023–24 session of Parliament.

But in its response in November, the Government rejected the recommendation, saying that “existing work under way on the law of marriage and divorce, which are directly relevant to issues concerning cohabitants, must conclude before considering any change to the law in respect of the rights of cohabitants on relationship breakdown”.

In a letter to family justice minister Lord Bellamy on June 14, committee chairwoman Caroline Nokes urged the Government to reconsider its position.

She said: “We see no reason why reviewing divorce and weddings law should prevent the Government from pursuing a separate, bespoke regime for cohabitants now.

“We ask the Government to reconsider its response and to provide basic legal protections for millions of people, many of whom face financial hardship if their relationship breaks down or their partner passes away.”

The committee has also asked for an update on what the Government is doing to raise awareness of the common law marriage myth – which it described as a belief that people who cohabit have equal rights to those who are married after a certain amount of time living together.

In a separate letter to pensions minister Laura Trott, the committee also asked about progress on clearer guidelines for how pension schemes should treat surviving cohabiting partners – a committee recommendation which the Government accepted in principle.

Commenting on their latest call to Government, Ms Nokes said: “Cohabitating partners are the fastest-growing family type. The Government’s position that cohabitation law reform must wait until work on divorce and weddings law had finished is untenable and means basic legal protections for cohabiting partners and their children could be many years away.

“We urge the Government to reconsider.”