Should cohabiting partners have the same rights as married couples?

They share a home, a life, and sometimes even children, but in the eyes of the law, cohabiting partners are often little more than strangers.

Many people are still surprised to learn there’s no such thing as a “common law marriage” in England and Wales.

Unlike married couples, cohabitants don’t automatically inherit if one partner dies without a will, even if you’ve lived together for 20+ years.

There’s no right to each other’s pension. And if you separate? Unless children are involved, there’s no claim for maintenance, and property rights depend on whose name is on the deeds.

So, should cohabiting couples have the same rights as married ones?

It’s a hotly debated question, with equality, autonomy, and modern family life on one side and preserving the legal and societal significance of marriage on the other.

However, one thing that is commonly recognised is that the current law leaves many vulnerable, especially as awareness remains low.

If you’re living with a partner or you’re planning to move in together, I suggest drafting a Cohabitation Agreement together with a solicitor to set out clear expectations around your arrangement and what would happen if the relationship were to end.

A well-drafted agreement can cover: