- Cohabitees have limited financial remedies on separation but may have broader claims following a partner’s death.
- The contrast between lifetime and post-death legal frameworks strengthens the case for reform of cohabitation law.
Cohabitation has been the fastest‑growing family form in England and Wales over the past decade, with Office for National Statistics data showing marked increases in cohabiting couples since 2012. Within the family law sphere, the incongruence between the growing number of cohabiting couples and the rights of those unmarried couples, has long been a point of contention. Nearly two decades ago, the Law Commission began making recommendations for statutory protections for separating cohabiting couples.
The disconnect has gained more than just academic recognition. In 2022, the House of Commons Women and Equalities Committee conducted a comprehensive inquiry, concluding the existing law leaves cohabitees vulnerable, and recommending the introduction of an ‘opt-out’ statutory regime. Despite lobbying by academics,
