cohabiting

Why Proposed Reforms are Vital to Financially Protect Cohabiting Couples
Happy young couple moving to new house together.
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Why Proposed Reforms are Vital to Financially Protect Cohabiting Couples

Published on
Katie Jennings
Katie Jennings
Solicitor
Jones Myers

Jones Myers niche family law firm  has been at the forefront of ongoing campaigns to overhaul outdated cohabitation laws which currently do not give couples living together legal protection or rights if they split up.    

This is a far cry from the situation with married couples, who, on separation, are safeguarded in crucial areas such as savings, income, pensions, property, business interests, and their children’s future.

We therefore embrace proposals at the heart of a Government consultation which seeks to protect cohabitants who are parting ways in areas including financial remedies – and in situations when one of them dies without leaving a will.

As a specialist family law firm we are frequently instructed by clients – who have been cohabiting and are unmarried or in a civil partnership – and who are unaware that they have no automatic rights to their partner’s property or savings when their relationship breaks down.   

The current situation can cause even more uncertainly when there are children from the relationship. 

As we await the outcome of the proposed changes, we suggest that cohabitees in this situation  obtain advice about their protections under the law – ideally before they move in together – or at any stage of their cohabiting relationship. 

More couples are entering into Cohabitation Agreements which set out how financial matters within the relationship will be managed . The contracts are especially useful documents in circumstances where people already own assets in their sole names or have made purchases with contributions from parents or from inheritance. They provide an essential roadmap for them to follow should they split up.  

It is important that each party seeks independent legal advice and discloses all financial information in the lead up to signing the agreement, which should be reviewed regularly.

Entered into correctly, a cohabitation agreement is legally binding and can be used as the framework for a Prenuptial Agreement should marriage be on the cards. 

Jones Myers is committed to helping our clients navigate these issues, whether through our team of specialist family lawyers or through our experienced mediation practitioners. 

More on the Government consultation, which closes on August 14, can be found here.  

For queries on cohabitation agreements or any areas of divorce and family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 5th in the 20 Best UK Family Law Blogs to Follow in 2026.

Read more articles by Jones Myers.

About Katie Jennings

Katie is a member of Jones Myers’ award-winning Divorce and Financial Remedies Department. A family law specialist skilled in litigation, Katie is also a family mediator currently working towards accreditation with the Family Mediation Council. 

Committed to reaching solutions which avoid going to court, Katie was drawn to Jones Myers’ standing as  a leading niche family law firm with a focus on resolving relationship breakdown through non-confrontational routes. Katie is based at the York city centre offices of Jones Myers at The Quadrant, Bootham Row.   

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August's annual 'I do' could be a case of 'I don't' for Sheffield couples
Photo by Sandy Millar on Unsplash.

August’s Annual ‘I do’ Could Be a Case of ‘I don’t’ for Sheffield Couples

Published on
Bradie Pell
Bradie Pell
Partner and Head of Family Law
Graysons Solicitors

August is traditionally the most popular period for marriages, but falling numbers of couples getting hitched, together with the eye-watering costs of the ceremony at a time when many are struggling with household bills, is seeing more and more couples saying ‘I don’t’ and cohabiting instead.

Office for National Statistics (ONS) data confirmed that rates of marriage between men and women had already fallen to a record low in 2019. There were just 18.6 marriages per 1,000 unmarried men and 17.2 per 1,000 unmarried women – the lowest since records began in 1862.

When couples are getting married, it seems the wedding day is changing to keep costs down. A 2022 OnePoll survey commissioned by Gumtree found that a staggering two-thirds of couples planning to wed were scaling back plans to save money in the face of the cost of living crisis.

Everything from getting a friend to take the photos to changing to a date out of peak seasons were methods being used to cut costs.

There’s no doubt, for many couples, marriage isn’t as important as it was, and many will start by living together first.

Statistics show that the number of marriages has been in decline for many years, and the ongoing cost of living crisis has only exacerbated that situation.  But on a more positive note weddings are not the only thing in decline – divorce numbers are also falling at the moment.

Bradie Pell does have a word of warning for couples that do choose to cohabit.

She said: “When couples get married they commit to the sharing of their assets whereas cohabitation does not carry the same commitment.  That is by no means a foolproof option and parties are well advised to consider a formal cohabitation agreement if they are wanting to limit financial exposure in the event of a separation”.

The recent introduction of the ‘no fault’ divorce became the biggest shake-up in marriage laws for years. Despite an initial peak in divorce applications, they now appear to be falling.  Some cite this as another impact of the cost of living crisis.

Bradie Pell always urges couples to ensure they get the correct advice and exhaust all other options before seeking separation advice.

“At the end of the day, nobody wants to see a couple go through the emotional turmoil of a divorce, but if they do have to, obtaining proper legal advice is key. I think it’s very important that people properly understand the process they are entering into and what divorce might look like for them. Sometimes the option of marriage guidance counselling could be the first step.”

More articles by Bradie Pell.

About Bradie Pell

Bradie Pell is head of family law and partner at Graysons Solicitors in Sheffield.

She graduated from the University of Sheffield and qualified as a solicitor in January 2011.  She deals with the whole spectrum of legal issues that affect families, including divorce, separation, finances – with particular emphasis on pensions and property portfolios, injunctions, and matters relating to children.

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