The Office for National Statistics has released its 2024 statistics on families and households in the UK. Within the statistics, insights were provided on whether different types of families have increased or decreased in the last decade.
Married couple families, which includes both opposite sex married couples and same sex married couples, make up 65.1% of families in 2024, amounting to 12.8 million. However, this number has reduced from 2014 when the figure was at 67.1%. This reflects the long-term trend of fewer couples getting married choosing instead to remain in cohabiting relationships.
The number of cohabiting families, where the couple is not married, reached 17.7% of all families, amounting to 3.5 million. This was an increase from 3.1 million in 2014, which represented 16.4% of families.
No automatic legal protections
Cohabiting couples should be aware of the legal position of their relationship. A common myth surrounding cohabiting couples is that there is a “common law marriage” which would provide them with legal protections should they separate or one of them were to die. There is no such thing as a common law marriage.
Cohabiting couples do not have the same legal rights as married couples and civil partners. For example, if a property is owned in the sole name of one of the cohabiting couple, there is no automatic right to a claim against this property for the other party simply on the basis that they were living together in that property. It can lead to a complex dispute in trying to establish a financial or legal interest in the property.
Looking for a cohabitation agreement for added legal protection? Please get in touch with B P Collins’ family team today by email or by phone on 01753 889995.
There is also no automatic right for the cohabiting couple to inherit the other’s estate upon a death and for this reason, it is important that a cohabiting couple have wills in place to ensure that their wishes are followed upon their death.
Similarly, there is no ongoing financial support available for the financial weaker party in a cohabiting relationship should the relationship break down or if the other party dies. However, financial support for any children from the relationship is available. The legislation which provides support for the children does not provide protection or support to the cohabiting partner or parent directly themselves in this instance; this support is to ensure the children are taken care of only.
Cohabiting couples are becoming prevalent in our society as a new generation grows up not wishing to abide by the institution of marriage. Marriage affords protection to couples who later decide to separate in a way that cohabitation does not. However, it seems to be the fear of divorce and the financial risk that accompanies divorcing, which has led to more couples choosing to cohabitate. Educating children when they are young about cohabitation, marriage and relationships in general will assist the next generation as they grow up to have a better understanding of what this all means and how it affects them.
Cohabitation agreements
As a result of the trends in family arrangements, Cohabitation Agreements have become increasingly popular as they help cohabiting couples be clear on what should happen to any property and assets should their relationship break down or one of the cohabiting couple dies.
B P Collins’ family team is able to advise you at any stage of your cohabiting relationship, whether you’re thinking about moving in with your partner or when a decision has been taken to separate. Early advice is crucial at any stage. Please email enquiries@bpcollins.co.uk or call 01753 889995 for further help and advice.
