Cohabiting couples cautioned on legal implications as marriage rates continue to plummet
3rd June 2025
Couples considering cohabiting should make sure they understand the difference between living together and formally marrying, Kate Booth, solicitor and head of our family and matrimonial department warns as official figures continue to show a noticeable decline in marriage rates in the UK.
The number of marriages decreased by 20.8% between 1992 and 2022, with a significant drop of 61% in 2020 due to the COVID-19 pandemic.
The proportion of adults married or in a civil partnership has also fallen below 50% for the first time in England and Wales, according to Office for National Statistics data.
Kate said: “Covid was clearly a massive factor with many weddings in 2020 and beyond postponed or cancelled. But there has been a growing acceptance of cohabitation, and other forms of partnership, leading some couples to choose not to marry. Economic instability and the costs of getting married had also contributed to the decline in couples getting married.
However, it is vitally important that cohabiting couples understand their rights and entitlements – which can be precious few.
Couples may buy properties in joint names and pay the mortgage together but where they have originally moved in together in one or the other’s home, both names may not be on The Land Registry for the property they ultimately opt to live in.
Another area where couples can be caught out is where they have a religion-only ceremony, with no official civil ceremony. In the eyes of the law, you may simply be cohabiting and not formally married at all. For those who opt for glamorous weddings in far-off settings, their marriages could well be recognised in UK law if a formal, legal marriage ceremony took place in the chosen country. If couples decide to separate and divorce, it raised considerable issues where there was no formal marriage ceremony.
Some people opt for quick online divorces, but this does not address financial issues or questions over the arrangements for children, for example.
Where couples choose to live together rather than formally marry, they should consider jointly signing a cohabitation agreement from the outset. This, of course, should not be seen as a ‘once and for all time’ solution, as it needs to be reviewed and revised on a regular basis.
When couples met, they frequently have similar career paths and salaries, but when a family comes along, one may opt to take a step back in order to raise their children. This needs to be reflected in an updated agreement and so regular reviews by a qualified matrimonial solicitor are absolutely vital.”
Not every couple decides to get married. You may still own property or assets together though while you are living together and if you were to separate, you may not agree how these assets are to be divided. In addition, you may have property or assets which you may want to keep separate and protect for the future.
We are increasingly advising our clients to enter into cohabitation agreements, as they show a clear intention of how the finances will be dealt with during the relationship and after. We hope the latter will not be necessary, but unfortunately it is best to cater for every eventuality. They are like pre-nuptial agreements, but for cohabitants.
If you wish to speak with someone regarding Cohabitation Agreements or advice on other family or matrimonial matters, please contact our compassionate and caring team for advice.