New ONS data highlights how relationships are changing (and why the law needs to catch up)
The latest ONS figures on marital status and living arrangements show that marriage rates are continuing to gradually fall (down from 51.5% in 2014 to 49.5% in 2024) while cohabitation continues to rise and for many is now the new norm in our society.
Civil partnerships have also surged (up 73% since 2022) showing couples are exploring alternative ways to formalise their relationships. In this briefing, partner Jemma Pollock and senior associate Harriet Collins consider what the data shows and how the law is lagging behind.
A changing picture
Whilst marriage and civil partnerships do continue to remain the most common legal partnership status, the ONS estimates there are now 6.5 million people living in a cohabitating relationship. This includes 18% of those aged under 30, 15% of those aged 30 - 44 and 11% of those aged 45 – 59.
The law in England and Wales has failed to keep pace both with this changing landscape and other jurisdictions. Despite popular myths about “common law marriage”, in England and Wales, cohabitating couples still have no automatic financial rights against one another, regardless of the length of their relationship, their financial dependency, or even if they have children together. If a cohabitating couple separate, they are left to navigate complex and outdated trusts law dealing with property ownership and limited financial claims for their children under Schedule 1 and the Child Maintenance Service.
The need for reform
The reality is that there continues to be a huge disparity in outcomes for children born to unmarried parents who separate, compared with those born to married couples who divorce. Without legal reform, cohabitates can often find themselves disadvantaged when relationships break down which in our changing society is no longer sustainable.
These shifts speak to the changes in how people live their lives and the release of the statistics just adds further weight to calls for urgent family law reform. The Government has promised a consultation on cohabitation reform in 2025 and these figures show why that cannot come soon enough.
Cohabiting couples: protecting your rights
Until then, it’s crucial that cohabitating couples understand their legal position. This can include entering into documents to plan ahead and protect their futures and their families including:
- Declarations of Trust clarifying how property is owned and each partner’s share; and
- Cohabitation Agreements setting out financial arrangements, ownership and what would happen if the relationship ends.
The way people choose to live together has evolved dramatically and until there is a change in the law, informed legal planning and sensible child-focussed negotiations when those relationships break down can make all the difference.
About Jemma and Harriet
Partner Jemma Pollock advises clients on a broad range of family matters including divorce and financial matters following separation and pre-nuptial & post-nuptial agreements. She specialises in cases involving financial provision for children of unmarried parents and has significant experience in cohabitation and property disputes between both separating couples and family members.
Harriet Collins is a senior associate in the same team advising clients on divorce and separation, financial settlements, pre-nuptial and post-nuptial agreements and cohabitation disputes. She also advises on matters involving children and Family Law Act injunctions.
Get in touch
If you would like to speak with a member of the team you can contact our family and children solicitors by telephone on +44 (0)20 3826 7520 or complete our enquiry form.
