Spear’s Family Law Index 2026 recognises 13 Keystone lawyers
Ruth Abrams, Roopa Ahluwalia & Susan Apthorp
Keynote
31 Jul 2026
•8 min read
New population estimates from the Office for National Statistics (ONS) reveal a continuing shift in how couples in England and Wales are choosing to live together, with cohabitation steadily rising while the proportion of married and civil-partnered adults has declined slightly.
According to the ONS’s Population estimates by marital status and living arrangements, England and Wales: 2025 release, the proportion of adults who are married or in a civil partnership fell slightly from 52.3% in 2015 to 51.1% in 2025, still the most common legal status, but a gradual decline. Over the same period, the share of adults who have never married or formed a civil partnership rose from 32.6% to 34.9%. Meanwhile, cohabitation among those who have never formed a legal partnership climbed from 9.8% to 10.8% of adults, and 62.1% of adults now live as part of a couple in some form.
The figures come as the UK government consults on reform in this area. On 5 June 2026, it launched a 10-week public consultation, A Fairer End to Relationships, proposing a new legal framework to give more than 3.5 million cohabiting, unmarried couples basic financial and inheritance rights when a relationship ends through separation or death.
Marriage trends
Marriage remains the most common choice, but the figures show that it is no longer the automatic next step for couples that it once was. Many people are choosing to marry later, or not at all, for perfectly understandable reasons; they may want to buy a home first, clear debts, build their careers or simply feel that a wedding is not a priority.
The difficulty is that people can often assume that living together for many years creates some form of legal protection. It doesn’t. If an unmarried couple separates, there is no automatic right to a partner’s property, pension or inheritance simply because they have shared a home or built a life together. That is why it is so important to understand the legal position before a problem arises, rather than discovering it at the point a relationship breaks down.
Cohabiting partners
Cohabitation is becoming an increasingly normal way for couples to build their lives together, but the law has not kept pace with that social change. Many couples who have been together for many years, bought a property, raised children and built up significant assets together, are often surprised to learn that there is no such thing as a ‘common law marriage’ in England and Wales.
The Government’s A Fairer End to Relationships consultation is therefore a very significant development and could provide greater protection for millions of people. But reform will take time, and couples should not assume that new rights are already in place. For those who are currently living together, a well-drafted cohabitation agreement can provide valuable clarity about property, finances and what should happen if the relationship comes to an end.
The changing landscape
The statistics show a broader change in the way people think about relationships and family life. Marriage is still hugely important to many couples, but it is increasingly one option among several rather than the expected destination of a long-term relationship.
For family lawyers, that means our conversations with clients are changing too. It is becoming much more about helping people think ahead and put sensible arrangements in place, rather than waiting for a separation to expose uncertainty about the family home, finances or inherited wealth. Nuptial and cohabitation agreements are likely to become increasingly familiar parts of relationship planning, particularly as people become more aware that a little clarity at the outset can prevent considerable uncertainty later on.
Both married and cohabiting couples can benefit significantly from seeking legal advice to understand their rights and put appropriate arrangements in place to protect their interests, regardless of how their relationship is structured.
If you have questions or concerns about cohabitation, or any other family issue, please contact Terrence Trainor.