Reforming Cohabitation Law: Increasing Legal Protections following Relationship Breakdown

Impact at a glance

• Andy’s research has highlighted the urgent need for comprehensive reform of the current law to better protect unmarried couples if they break up. Despite many believing they are already protected in similar way to spouses or civil partners, cohabitants have limited remedies that are not fit for purpose.
• Working with key practitioner organisations and charities such as Resolution and Rights of Women, Andy’s research has helped raise public awareness of how existing laws fail to protect against economic vulnerability, especially that experienced by women.
• Andy’s research has informed policy discussions and provided the evidential basis for reform proposals in England and Wales, Scotland and overseas. Andy’s appointment as Specialist Advisor to the Women and Equalities’ Committee of the UK Parliament Rights of Cohabiting Partners Inquiry allowed him to shape their reform recommendations.
• Through media engagement and advocacy, Andy has become a leading voice in the campaign for reform and an expert in domestic and comparative cohabitation law.

Key Publications

• Read Andy’s research outlining the case for increased legal protections for cohabiting couples.
• Andy acted as Specialist Advisor on their Rights of Cohabiting Partners Inquiry. Read the Committee’s Report and his comment on the Government’s Response.
• Andy has provided media comment on why cohabitation reform is overdue, especially in light of the widespread myth of ‘common law marriage’.

Image: Presenting on Cohabitation Reform at the National YRes Conference in November 2024.

What was the problem?

The cohabiting family is the fastest growing family form. More births are registered to unmarried couples than to married couples. But despite the prevalence of cohabitation and many believing that simply living together will give them protection, unmarried couples have few legal remedies. When a cohabiting relationship ends and unlike the position on divorce, there is no power for the courts to divide assets fairly taking into account the financial and non-financial contributions of the parties. Drawing upon the experience of other jurisdictions, Andy’s research emphasizes the pressing need for strengthened legal remedies in England and Wales that can better protect economically weaker parties.

How did these changes come about?

• Andy has published extensively on domestic and comparative cohabitation law and policy and works with leading practitioner organisations such as Resolution in their campaign for securing reform.
• He was appointed Specialist Advisor to the Women and Equalities Committee of the UK Parliament for their Inquiry into the Rights of Cohabiting Partners in 2021. Through advising Members of Parliament, Andy’s research directly influenced the Committee’s recommendations by cautioning against a registration model for cohabitants.
• Andy has advised MPs, including the former Shadow Attorney General, Emily Thornberry MP and helped shape Labour’s plans to strengthen the protections for cohabiting women that later appeared in their Manifesto. In addition, Andy has shared his research and expertise with the Law Commission of England and Wales, MPs and representatives of the Ministry of Justice.
• Andy’s research has had an impact outside of this jurisdiction. Andy has advised the former Scottish Law Commissioner, Kate Dowdalls KC, in relation to their reform proposals and was cited by the Scottish Law Commission in their Aspects of Family Law: Discussion Paper on Cohabitation and Report on Cohabitation. More recently, work undertaken with Professor Jens Scherpe helped shape the proposals of a Norwegian Committee tasked with reviewing the law on cohabitation.

What has happened since?

• Andy’s research directly shaped the recommendations of the Women and Equalities Committee Inquiry and ensured an opt-out system was favoured over a relationship registration model. Caroline Nokes MP, former Chair of that Committee, noted how Andy ‘helped the Committee better understand reform models operating elsewhere and the strength of an opt-out model for England and Wales that was ultimately proposed in our final report’.
• Andy continues to inform ongoing discussions with policymakers, campaigners and activists and regularly offers advice on potential test cases that can challenge the discriminatory legal position of cohabitants in the courts.

What next?

• The government has announced that a public consultation on cohabitation reform will be released later this year. Andy will continue to offer guidance to key stakeholders and campaigners on the possible outcomes of that consultation and the optimal reform model to adopt in this jurisdiction.
• As an expert in the field and as the Academic Member of the Family Justice Council, Andy will ensure the legal position of cohabitants remains a pressing reform priority.  
• Andy will further his research and advocacy with a view to strengthening the legal position of cohabitants both in England and Wales and in other jurisdictions.