The class of 2022: Why thousands of cohabiting couples could now be heading for a split

Autumn 2022 was a memorable time: The country was mourning the death of Queen Elizabeth II, Lewis Capaldi was at number one with ‘Forget Me’, and England fans were gearing up for the last World Cup. But for thousands of couples it also marks the first time they started living together – and according to official statistics, many of those relationships could now be heading for a split.

ONS figures* show that cohabitation is increasingly common and often relatively short-lived. Among adults aged 16 to 59 whose cohabiting relationship did not lead to marriage, the average first cohabitation lasts just 46 months, with more than a third of these ending within two years, while second cohabitations are shorter still, at 34 months.

Latest 2025 ONS statistics also show that the number of adults who have never married or entered a civil partnership has continued to rise, increasing from nearly 33% in 2015 to 35% in 2024. The biggest increases were seen in people aged 25 to 34 and 45 to 69. Overall, the figures show 62% of adults are living as part of a couple, including nearly half with a legal partner, while nearly 11% are cohabiting without a legal partnership. A further 2.2% are cohabiting after divorce, or the death of a legal partner.

Couples urged to share their views on proposed law reforms before 14 August consultation deadline

For many couples, separation can give rise to complex disputes involving property, investments, pensions and inheritance, particularly where children are involved. Now with the government’s consultation ‘A fairer end to relationships’ closing on 14 August 2026, Gardner Leader, a leading regional law firm advising businesses, business owners, families and private individuals, is calling on cohabiting couples to have their say on what could be one of the most significant proposed reforms to family law in England and Wales in a generation.

The proposed changes could see automatic rights for partners after just three years of cohabitation or two years where children are involved, giving family courts powers over property and pensions, along with inheritance rights.

Suzy Hamshaw, Partner in the Family team, Gardner Leader says: “These statistics demonstrate why this debate is important. With 3.5m couples in the UK choosing to live together without marriage or a civil partnership, the current legal framework to protect them on separation or death is limited. This is also more complex where children are involved, with any disputes tending to be resolved through property and trust law, not family law as with divorce.

“While some couples do choose options such as formal cohabitation agreements, declarations of trust or estate planning arrangements to outline their preferences should they split, the biggest trend I’m seeing is a lack of awareness of their current legal position. Many clients are genuinely surprised to learn that there is no such thing as a legally recognised ‘common law marriage’ in England and Wales, regardless of how long a couple has lived together. That misconception often only comes to light when relationships break down.

“Equally, some individuals consciously choose cohabitation because they wish to preserve wealth accumulated through previous relationships, inheritance, business interests or personal investment. Not every couple seeks additional legal rights and obligations, which is why a balanced debate around reform is so important. Whatever your viewpoint, we’re encouraging cohabiting couples to have their say in the consultation here before 14 August to ensure that it’s fully representative of ordinary couples’ views today, not just lawyers, academics, or other specialist organisations.

“Following this consultation, the challenge for lawmakers is not considering whether reform is necessary but deciding how much protection should arise automatically and how much responsibility should remain with individuals to make their own legal arrangements. Any changes introduced will have significant consequences for families, property ownership, wealth preservation and succession planning across England and Wales.”