The Rise of Unmarried Cohabitation and Blended Families

Once considered unconventional, unmarried cohabitation and blended families have become a mainstream lifestyle choice for many. Shifting societal attitudes towards marriage, economic considerations and a desire for personal autonomy and flexibility in relationships result in more couples opting to live together before or instead of getting married.

Rebecca Armstrong, Senior Associate Solicitor in our Will and Inheritance Dispute Team, reports on the rise of unmarried cohabitation and blended families.

Unlike married couples or those in civil partnerships, cohabiting partners do not benefit from automatic legal protection in respect of inheritance, property and financial entitlements upon death.

In the absence of a Will, Intestacy Rules govern the distribution of an individual’s assets, prioritising children, parents and siblings, leaving unmarried partners vulnerable to financial uncertainty and potential disputes.

Inheritance Tax

Without proper estate planning, cohabiting partners may face significant Inheritance Tax liabilities as they are not afforded the same spousal exemptions as married couples or those in civil partnerships. 

Pension Rights

Similarly, cohabiting partners may not be entitled to inherit their partner’s pension benefits unless specifically named as beneficiaries. This lack of recognition can jeopardise financial security in retirement and undermine long-term financial planning.

Property Ownership

Further, whilst co-habiting partners may jointly own property or assets, without clear legal documentation, disputes over ownership can arise upon separation or death.  

Importance of Legal Documentation

Cohabiting partners face unique challenges in estate planning but seeking legal advice and taking proactive steps can provide peace of mind and ensure financial security for both partners. Preparing a comprehensive Will is essential for cohabiting partners to protect their interests and ensure their wishes are carried out upon death. Cohabiting partners can also mitigate risks by entering into cohabitation agreements that define property rights, financial responsibilities and dispute resolution mechanisms in the event of separation or death.

If you would like more information about the issues raised in this article or any aspect of Will Disputes please contact Rebecca on 01228 516666 or click here to send her an email.