Proposed reforms may impose marriage-like commitments on cohabiting couples
Proposed legal reforms on relationships risk inadvertently drawing cohabiting couples into marriage-style commitments without their knowledge, critics have warned, reports BritPanorama.
Under plans put forward by the Government, a formal system would be introduced to regulate financial outcomes following the separation of unmarried partners. The measures would also grant surviving partners the legal right to inherit an unmarried partner’s assets should they die intestate.
The changes would ensure pre-nuptial agreements become legally binding. However, polling from Survation reveals that nearly three-quarters of people (72%) have minimal or no awareness of these planned updates.
The survey of 2,060 UK adults demonstrated that public opinion remains divided over whether the proposed measures are a good idea. Of the surveyed group, 43% believed unmarried cohabiting couples should have a set of rights which apply automatically unless they choose to opt out, while the same proportion believed the new framework should only apply if couples actively agree to opt in.
On the proposal to give qualifying cohabiting partners inheritance rights when their partner dies intestate, 29% opposed the proposal, 33% backed it, with a further 29% saying they neither supported nor opposed it. One participant noted that lawyers “would love” the reforms because it would create a “vast new field of work” for them.
Backers of the proposal stated they thought cohabiting couples should have legal protections and that reforms would help protect women when relationships break down. A Ministry of Justice consultation on the proposals closes on Friday August 14.
Baroness Deech, a crossbench peer, expressed concern over the lack of consent and knowledge surrounding the Government’s proposal. She stated, “People don’t know about it. Not only do they not know about it, they will not have consented.”
If the Government implements its proposals, couples will establish a new legal framework after three years of living together, without needing to sign an agreement or say “I do.” Cohabiting partners would gain access to the framework if they have a child together, with opting out requiring the consent of both partners.
Break-ups would not equate to divorce, as the starting assumption that assets are split 50:50 would not apply. Individual partners would retain the assets they legally own, while courts would only intervene to meet an individual’s defined needs.
The Government has stated its objective is “protecting the vulnerable,” particularly in recognition that women are disproportionately likely to reduce their earnings or leave the workforce due to caring responsibilities, leaving them financially exposed if a relationship ends.
However, Lady Deech warned that the proposal could lead to a situation where one partner holds the other “to ransom” due to the complexities in opting out, which would require mutual consent and potentially costly legal advice.
Difficulties in opting out could echo the concerns raised during the Waspi campaign, highlighting poorly communicated changes that affected the state pension age. Lady Deech suggested that reforms to pre-nuptial agreements could apply to both married and cohabiting couples in a potential adjustment to the Government’s proposal.
A Ministry of Justice spokesperson stated, “This new framework will offer eligible cohabiting couples, in committed romantic relationships, a distinct and different set of rights from married couples, helping to preserve the sanctity of marriage.”
With more than 3.5 million cohabiting couples and widespread confusion about their rights, the Government claims the proposal addresses a clear gap in the law. Unlike marriage, there would be no automatic 50:50 asset split on separation, as individuals would generally keep what they legally own.
The ongoing consultation invites public and expert views, with the Government promising to consider the findings carefully before finalising the policy.
