Warning issued over new laws that could massively impact unmarried couples living together in UK

Unmarried couples who live together may soon be granted greater legal protection under new legislation being considered by the government.

Titled 'A Fairer End to Relationships', the proposal seeks to strengthen the rights of cohabiting couples in the event of a relationship breakdown or one partner dying without a will in place.

Under the current legal framework, there are few protections for unmarried couples who separate while living together, a law which disproportionally effects women, children and survivors of domestic abuse.

If new legislation is brought into place, this would allow for greater financial protections during separation.

The protections would apply to couples who have lived together for three years or share a child.

Additionally, the reforms would also mean that an unmarried surviving partner has the legal right to inherit their partner's estate in the event of death.

Government officials believe the changes will allow for the modernisation of family law, noting that around 3.5 million couples currently living together in the UK are unmarried.

However, not everyone is on board with the reforms.

The proposals were explored in the government's 'A Fairer End to Relationships' proposals (Getty Stock Images)

Majority of British public 'unaware' of cohabitation reforms

According to a poll of 2,060 UK adults in July by Survation, 72 percent of those questioned were unaware of the new proposals, meaning many couples end up unknowingly entering into an unofficial marriage.

"If the rules are too broad or too vague, there is a risk of creating uncertainty for couples and further disputes about who should fall within the scheme," Erin Sawyer, partner in the Family Law team at Irwin Mitchell, said of the proposals.

"The aim should be to protect people who have been left financially vulnerable because of a relationship, without creating a broad or uncertain system that treats cohabitation in the same way as marriage."

Views were also split on how the proposals should best be implemented, with 43 percent of recipients believing the rights should automatically apply unless both partners chose to opt out, while another 43 percent believed it should be enacted on an opt-in basis.

Public education campaign needed for reforms

There have also been calls for a public education campaign, should the reforms be brought into law.

In a letter written to the Justice Secretary, crossbench peer Baroness Ruth Deech warned there was a risk of imposing a 'state-forced marriage' on millions of couples.

However critics have warned this could see UK couples locked in a 'state-forced marriage' (Getty Stock Images)

"Marriage and civil partnerships are legal relationships that people freely choose to enter into. Under these proposals, similar legal obligations could arise automatically without either partner ever making that choice, and people may not even realise those obligations have been imposed on them," she wrote.

I believe those rights should continue to be based on informed consent," she added. "It’s your relationship, your choice."

Irwin Mitchell also backed calls for a public information campaign, noting that many Brits erroneously believe that 'Common Law Marriage' exists. Under current UK law, unmarried cohabiting partners do not have automatic legal rights, protections, or inheritance status given to married couples, regardless of the length of a relationship.

Unmarried couples are also not exempt from paying inheritance tax.

"If the law changes, people will need clear information about what this means for unmarried cohabiting couples, particularly if they will be bound to a new regime unless they opt out. Public awareness will be just as important as the legislation itself," Sawyer added.