Sarah Gillen looks at the law around cohabitation and the reforms that need to take place

There are 3.6 million cohabitating couples in the UK and it is the fastest-growing family type. Couples are increasingly choosing not to marry, meaning they are left without any financial protection if they separate. Despite many people wrongfully believing that living together would afford them some financial security upon separation, the law, in actual fact, leaves the financial weaker cohabitee very vulnerable.

Sarah Gillen, a Senior Associate at Stow Family Law takes a look at the current situation and the reform that needs to take place.

Cohabitation reform – what should it look like?

Cohabitation, the family structure where a couple decide to live together without the formal legal structure of a marriage of civil partnership, is on the rise. Around 6.8 million people are in cohabiting relationships according to Office of National Statistics. This number is continuing to grow. But despite what many people believe, there is no such thing as a “common-law marriage”. If you’re cohabiting, you don’t automatically have the same legal protections as married couples or those in civil partnerships.

For LGBTQ+ cohabiting couples, the risks can be even higher, with additional barriers when it comes to securing financial and legal protections in their relationships and for their chosen family structure.

Why Cohabitation Reform Matters for LGBTQ+ Couples

Historically, LGBTQ+ relationships have been left out in the cold when it comes to legal recognition. Civil partnerships only became an option in 2005, and same-sex marriage wasn’t legalised in England, Wales, and Scotland until 2014 (Northern Ireland took even longer, legalising it in 2020). Therefore, until quite recently, LGBTQ+ couples, even those in long term relationships and with children together, did not have the option of marriage, meaning cohabitation was the only route available.

Today, many couples prefer cohabitation over marriage for personal, cultural, or historical reasons.

But here’s the problem: without legal protections, LGBTQ+ cohabiting couples can be left particularly vulnerable if their relationship ends or if one partner passes away. Without the right safeguards, assets, homes, and even parental rights can be contested. This disproportionately affects those who have been in long-term relationships but were unable to marry until recent legal changes. ONS statistics also highlighted that over ¾ (77%) of people who identify as lesbian, bisexual or gay had never married or formed a civil partnership (2023).

The Financial and Legal Risks

Some LGBTQ+ people already face additional economic challenges, including workplace discrimination and pay gaps. So, when a cohabiting couple splits up, the financial impact can be devastating—especially for the lower-earning partner or the one who took on the majority of the caregiving responsibilities. On top of that, inheritance and pension rights can be a huge issue. For example, without the right legal paperwork, an estranged family member could have more legal claim over assets than a long-term partner.

The Case for Reform

Family law solicitors see the fallout daily from the lack of protection for cohabitees. Many have been pushing for cohabitation reform for years.

An internal survey by Stowe Family Law found that:

• 94% of family lawyers think cohabiting couples should have legal protections.
• 68% believe cohabitation laws should be distinct from marriage laws.
• 58% think protections should be opt-in rather than automatic.

For LGBTQ+ couples, this isn’t just about convenience—it’s about correcting systemic inequalities. Many have spent years building lives together without the option of marriage, and they shouldn’t be left legally vulnerable just because they didn’t—or couldn’t—walk down the aisle.

What Should Cohabitation Reform Look Like?

If the UK wants to get this right, here’s what I believe needs to happen:

1. Legal Protections for Long-Term Cohabitants – A fair legal framework to divide assets, provide financial support, and ensure inheritance rights for couples who have built a life together.
2. Opt-in Agreements – Not everyone wants the same level of legal commitment. A system similar to civil partnerships could give couples flexibility in how they protect themselves.
3. Public Awareness Campaigns – The myth of “common-law marriage” is still widespread. People need to know the reality before they find out the hard way.
4. Inclusion of Transgender and Non-Binary Individuals – Any legal framework must ensure transgender and non-binary individuals are fully protected, particularly in cases involving misgendering or contested legal rights.
5. Clarity on Parental Rights – LGBTQ+ parents, especially those who use assisted reproduction or surrogacy, need clear legal safeguards to protect their families in cohabiting relationships.

What’s Next?

Cohabitation reform has been talked about for years, but now it seems like real progress might finally be happening. The government has announced plans for a formal consultation on cohabitation reform to take place this year, and this is a golden opportunity to make sure LGBTQ+ voices are heard.

No matter how people choose to structure their relationships, they deserve legal recognition and security. It’s time for cohabitation reform to reflect modern relationships and protect everyone—LGBTQ+ individuals included.

Sarah Gillen is a Senior Associate at Stowe Family Law.