The Government’s recent launch of a consultation regarding stronger legal rights for unmarried couples has been welcomed by Luke Newton of MKB, who specialises in disputes involving unmarried couples and TOLATA claims. With more couples choosing to live together without marrying, the consultation is seen as a positive step towards modernising an area of law that many believe no longer reflects modern relationships.

At present, unmarried couples in England and Wales do not benefit from the same legal protections as married couples or civil partners. Despite the common misconception of “common law marriage”, cohabiting couples often discover during a relationship breakdown that they have very limited rights, particularly in relation to property ownership and financial claims. This can leave parties in a vulnerable and uncertain legal position.

Many disputes between unmarried couples are dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), which governs disagreements concerning beneficial interests in property. These cases often arise where one party has contributed financially towards a property, mortgage, or renovations but is not named on the legal title. Luke Newton regularly advises clients in relation to these complex disputes and understands the emotional and financial impact they can have.

Commenting on the consultation, Luke said: “For many years, the law has struggled to keep pace with the reality of modern relationships. The launch of this consultation is a welcome development and may help to ensure that parties are placed in a stronger legal position following the breakdown of a relationship. Greater clarity and protection for unmarried couples would undoubtedly be beneficial for many people.”

Whilst any proposed reforms may take time to become law, Luke encourages unmarried couples to seek legal advice at an early stage to protect their interests. Cohabitation agreements, declarations of trust, and properly documenting financial arrangements can all provide important protection should disputes arise in the future.