The UK government’s proposed reforms to extend legal rights to cohabiting couples could lead to a significant rise in court cases involving financial disputes, according to a senior family judge. Edward Hess, deputy national lead judge of the financial remedies court, warned that putting cohabitees on a similar legal footing as married couples during separation might increase the volume of cases by around 30 percent, adding approximately 10,000 more break-up cases annually.
The government has proposed allowing couples who live together for three years or who have a child together to acquire automatic legal rights and obligations related to property, pensions, financial provision, and inheritance upon separation. This initiative is intended to better support cohabiting partners, particularly women, who are often seen as financially disadvantaged when relationships end without marriage.
Current data from the Office for National Statistics indicates the UK has about 13 million married couples and 3.5 million cohabiting couples. Hess’s analysis suggests that the reforms would raise the number of couples eligible to seek financial remedies from around 13 million to approximately 16.5 million—an increase of about 27 percent.
Hess outlined that at present, there are between 35,000 and 40,000 consented divorce applications from married couples each year, along with roughly 13,000 cases where financial arrangements are contested. He projected that non-married couples separating would generate a comparable volume of cases proportional to their numbers—estimated at 9,400 to 10,800 consented cases and about 3,500 contested cases—representing a substantial additional burden on the courts. He also criticized the government’s impact assessment as significantly underestimating the potential caseload.
Legal experts largely agree that the reforms would increase pressure on the court system, though opinions vary regarding the balance between protecting cohabitants and preserving individual autonomy. Bryan Jones, a partner at Hughes Fowler Carruthers, acknowledged the need to address the lack of legal rights for cohabitants but emphasized the importance of carefully managing the introduction of automatic rights to avoid excessive litigation.
Some specialists noted that Hess’s projections do not fully consider other parts of the reform proposals, such as a suggestion by the Law Commission to impose a one-year time limit on financial claims by cohabiting partners. If enacted, this limitation could help reduce the overall number of cases brought to court.
The Ministry of Justice stated that the government’s plan aims to provide eligible cohabiting couples in committed romantic relationships with a distinct set of rights that differ from those of married couples, emphasizing that these measures seek to protect couples while preserving the institution of marriage. The consultation period for these proposals recently concluded, and the government is currently reviewing responses before deciding on next steps.