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Pressure mounts for cohabitation law reform as couples seek legal protection

Research reveals rising demand for clearer legal rights for unmarried couples

Forsters has identified growing pressure for reform of cohabitation laws as new research highlights increasing public concern over the legal rights of unmarried couples. The findings come ahead of an expected government consultation on cohabitation reform and follow a significant rise in demand for legal agreements between unmarried partners.

According to new YouGov research commissioned by Forsters, many people remain uncertain about the legal protections available to cohabiting couples, despite cohabitants representing the fastest-growing family type in Britain.

The research found strong public support for clearer legal rights and responsibilities for long-term unmarried partners, particularly where children are involved.

Among those surveyed, 60% said unmarried couples should be able to leave assets to each other without inheritance tax liabilities. Support was even higher among respondents who described themselves as “living as married”, with 81% backing inheritance tax exemptions for unmarried partners.

The survey also found that 52% of respondents believe unmarried couples with children should gain legal rights within the first five years of living together. Women were more likely than men to support this position.

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Younger adults showed the greatest uncertainty about existing rights. Around 68% of respondents aged between 18 and 24 said they did not know whether cohabitants should be able to make financial claims following separation.

The research further showed that people aged over 65 were the group most likely to support unmarried partners being able to make capital claims after separation. Higher-income households were also more likely to support financial claims for separating cohabitants.

Forsters said this uncertainty is already affecting behaviour among couples. The firm reported a 50% increase in requests for cohabitation agreements over the past year, as couples seek greater legal certainty around finances, property and separation. Jo Edwards said the current legal framework no longer reflects modern relationships and family structures.

She stated that people increasingly want legal clarity while also ensuring protections for vulnerable individuals and children. Edwards added that any future reforms would need to balance personal autonomy with appropriate safeguards for those at risk of financial disadvantage.

The government is expected to examine several potential reforms during the forthcoming consultation process. These may include qualifying periods before rights apply, opt-out arrangements, needs-based financial claims and additional protections for couples with children.

Edwards said the consultation represents an important moment for couples to understand both the current legal position and how reforms may affect them in future. She advised couples to consider practical steps such as cohabitation agreements, reviewing wills, estate planning and understanding property ownership arrangements while the law continues to evolve.

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