Labour's proposals for overhauling the existing laws governing cohabiting couples, announced by Emily Thornberry, Shadow Attorney General, during the Labour Party Conference on 10 October 2023, hold particular significance for women business owners. In the event of Labour securing the public's mandate in the upcoming general election, they intend to reshape the legal landscape for cohabiting couples, although the specific details of these reforms remain undisclosed.
Notably, Labour is committed to enacting laws designed to safeguard the financially vulnerable party within cohabiting relationships. This aligns with the longstanding advocacy of organisations like the Law Commission and Resolution, spanning over two decades. The proposed changes are poised to address the financial hardships faced by individuals lacking protection within the current legal framework.

According to a recent publication by the Office for National Statistics, the number of cohabiting couples in the UK has surged by 144% since 1996, reaching a current count of 3.6 million. This growth underscores the increasing prevalence of cohabitation as a family structure, necessitating comprehensive financial protection within family law, especially for women who may find themselves in precarious situations post-separation.

The Women and Equalities Committee's 2022 report exposed a widespread belief in the UK regarding the so-called 'common law marriage' myth. Many individuals erroneously assume they enjoy the same financial safeguards as their married or civilly partnered counterparts. Unfortunately, this misconception often becomes apparent only when it is too late to rectify the situation.

Despite recommendations for reforms outlined in the Committee's report to ensure fairness and equality, the proposals faced rejection from the incumbent government. In a November 2022 response, the Conservative Government asserted the need to finalise ongoing work on marriage and divorce law before addressing cohabitation issues.

Lucy Hart, Director and Family Lawyer at Sinclair Law, views Labour's announcement as a positive stride in the ongoing campaign for legal reform in this domain. Jo Edwards, Chair of Resolution’s Family Law Reform Group, expresses enthusiasm, describing it as a "hugely welcome development" for cohabiting couples and practitioners alike. Graeme Frase, Chair of Resolution’s Cohabitation Committee, adds that the announcement represents a favourable step in the right direction for addressing the significant hardships resulting from the current outdated legal framework.

Our expert lawyers can help you with co-habitation and all aspects of family law. Rated Excellent on Google and Review Solicitors. Request a free 30-minute consultation at www.sinclairlaw.co.uk