UK Family Law & Same Sex Partners Case Study

Abstract

This research takes a close look at how UK family law has responded to the growing number of non-traditional families, with a focus on cohabiting couples and same-sex parents. It traces the shift from a legal system built around marriage and the nuclear family to one that is starting to recognise more diverse family arrangements. The discussion covers major legal changes like the Civil Partnership Act 2004, which gave same-sex couples legal recognition, and the Marriage (Same Sex Couples) Act 2013, which allowed same-sex marriage in England and Wales. It also explores how the Children Act 1989 and the Human Fertilisation and Embryology Act 2008 expanded the rights of parents, particularly in cases involving assisted reproduction.

The research highlights how cohabiting partners still lack many of the rights that married couples enjoy. Despite growing numbers, cohabitation still has “no general legal status” under the law[1]. Landmark cases like Stack v Dowden [2007] and Jones v Kernott [2011] show how courts resolve property disputes between unmarried partners; often using complex trust law. For same-sex parents, the research examines key rulings like Re G (Children) [2006], which reinforced the importance of biological motherhood, and Re P (Adoption) [2008], which challenged a ban on unmarried adoption.[2].

Covering England & Wales, Scotland, and Northern Ireland, the research also draws on Law Commission reports and feminist legal critiques. It concludes that while there has been meaningful progress, the law still lags behind the realities of modern family life. Many cohabiting couples and LGBTQ+ parents in the UK remain in a legal grey area, and reform is needed to better reflect today’s families.

1.0 Introduction

UK family law has long treated marriage as the foundation of family life. In this traditional model, legal rights like inheritance, tax benefits, and parental responsibility automatically came with being married. But in recent years, family life has changed. Many people now live in non-traditional families: cohabiting couples, single parents, stepfamilies, and same-sex parents are far more common. These changes in society have outpaced the law, leading to a gap between people’s everyday lives and the legal protections they receive. This research explores how well UK family law has kept up with this shift.

1.1 Scope and Limitations

This law assignment research focuses on two key groups: cohabiting couples, who live together without being married or in a civil partnership; and same-sex parents, including couples who raise biological or adopted children. It looks at all parts of the UK, England & Wales, Scotland, and Northern Ireland; since each has its own laws and court decisions. The main laws covered include the Civil Partnership Act 2004 (CPA 2004) and the Marriage (Same Sex Couples) Act 2013, which both gave legal recognition to same-sex relationships. It also reviews family laws like the Children Act 1989 and the Human Fertilisation and Embryology Act 2008 (HFEA 2008), which updated how parental rights are defined in fertility cases. Important case law is also discussed: Stack v Dowden and Jones v Kernott, which deal with how property is shared between unmarried partners; and Re G (Children) [2006] and Re P (Adoption) [2008], which explore the legal roles of non-biological parents and unmarried adopters respectively[3].

Top UK Assignment Samples

1.2 Methodology

As part of the analysis, the research draws on insights from legal reform bodies and feminist legal theory. For example, several Law Commission reports have called for stronger protections for cohabiting couples, but many of these suggestions have not yet been turned into law. More recently, parliamentary inquiries have also raised similar concerns[4]. Feminist scholars offer important perspectives too. They have often criticised traditional family law for disadvantaging women; for instance, by reinforcing the idea that biological motherhood is always primary, as seen in Re G (Children)[5]. Feminist theory also pushes for laws that promote fairness and reflect the diversity of today’s families. Overall, this research evaluates how well UK family law supports modern families, especially when it comes to non-traditional family units, same-sex parents, and cohabiting couples’ legal rights in the UK.

1.3 Research Hypotheses

1. H1: Even though cohabitation has become a normal part of life in the UK, family law still does not treat cohabiting partners the same as married couples. This creates real gaps in legal protection, leading to inequality and uncertainty for many families.
2. H2: While legal reforms and court decisions have greatly improved rights for same-sex parents, there are still challenges. Some parts of the law still favour biological parents or create hurdles for non-biological LGBTQ+ parents when it comes to things like parental responsibility.
3. H3: The legal rules vary between England & Wales, Scotland, and Northern Ireland. These differences mean that people in similar situations can have very different rights, which raises questions about fairness and equal access to justice for all non-traditional families in the UK.

1.4 Research Question

Has UK Family Law kept pace with evolving social change, or does it still lag behind the realities of cohabitation and LGBTQ+ parenting?

2.0 Legal Frameworks and Historical Evolution

2.1 From Traditional Marriage to Plural Family Structures

Up until the late 20^th century, UK family law was mainly shaped around marriage and biological ties. The legal system treated married families as the standard, offering built-in rights like tax benefits, inheritance, and immigration status to those within that structure[6]. By contrast, cohabiting couples were almost invisible in the eyes of the law. Many people believed in the idea of a “common law marriage,” but legally, no such status ever existed[7]. Children born to married parents were automatically recognised as having two legal parents. However, those born outside of marriage often had fewer protections; especially when it came to the rights of their non-married parent.

For a long time, same-sex relationships had no legal recognition in the UK. Gay and lesbian couples had no way to gain joint legal status, and the law largely ignored non-heterosexual co-parenting. Feminist scholars have often criticised this legal setup for favouring the traditional “nuclear family” model, while leaving everyone else without protection[8]. Over time, though, social attitudes changed. Cohabitation became much more common, more children were born outside of marriage, and the LGBTQ+ rights movement brought attention to unfair treatment. In response, UK family law slowly started recognising a wider range of family forms. Some key steps included giving unmarried fathers legal rights (starting in 1991 in England & Wales) and court rulings that aimed to protect children in different family situations[9][10].

Still, even today, cohabiting couples do not have the same legal standing as those who are married. As a House of Commons briefing explains, while cohabitants are covered under laws such as those protecting against domestic violence, they miss out on many of the automatic rights and responsibilities that come with marriage or civil partnership[11].

In short, society moved faster than the law. During the late 20^th and early 21^st centuries, the idea of family changed, helped along by policies like the Child Support Act and updates to divorce law. But legal recognition for cohabiting and same-sex families was slow to follow. This gap between lived reality and outdated legal rules created growing pressure for reform, as the next sections will show.

Get Assignment Help for Top Subjects

2.2 Key Reforms Reflecting Social Change

As social attitudes changed, the UK introduced major legal reforms in the early 2000s. One of the most important was the Civil Partnership Act 2004, which, for the first time, gave same-sex couples (at first just gay and lesbian partners) almost all the same rights and responsibilities as marriage. From December 2005, same-sex couples across the UK could register a civil partnership[12]. This was a key step in recognising that same-sex relationships deserved full legal and social recognition. A few years later, the Marriage (Same Sex Couples) Act 2013 made it possible for same-sex couples to legally marry in England and Wales[13]. Scotland passed its own law in 2014, while Northern Ireland followed in 2020. These reforms helped close the gap in legal rights between same-sex and heterosexual couples, especially on issues like inheritance, pensions, and parental responsibility.

The law also evolved to respond to changes in how families are formed. Under the Children Act 1989, a child’s welfare is the top priority. A mother automatically has parental responsibility (PR). A father gets PR if he is married to the mother; or, since 2003, if he is named on the child’s birth certificate (for births registered after December 2003 in England and Wales)[14]. Unmarried heterosexual fathers who are not on the birth certificate still need to apply for PR or marry the mother. For same-sex couples, the Human Fertilisation and Embryology Act 2008 (HFEA 2008) was a game-changer. It allowed the non-birth mother in an IVF arrangement to become a legal parent; if she was married to or in a civil partnership with the birth mother, or, from 2009, if they were cohabiting and both consented to the treatment[15]. This meant a lesbian couple using assisted reproduction could both be recognised as legal parents. But if they hadn’t formally consented together, the non-birth parent would not automatically have parental responsibility[16]. These changes gave much more legal stability to children in same-sex families, reflecting the way families are now formed in real life.

However, many other reforms have stalled. In 2007, the Law Commission recommended a new law to give cohabiting couples the right to claim financial relief on separation, similar to a divorce settlement [17]. This would recognise the unpaid and shared contributions many cohabitants make to their families. Yet, no government has acted on this recommendation. In 2011, the Law Commission also suggested that cohabitants should have automatic inheritance rights, to prevent cases where a surviving partner is forced into court just to inherit. These proposals, too, were left on the shelf[18]. In 2022, the Women and Equalities Committee in the House of Commons urged the government to revisit these reforms. They argued the law must do more to protect cohabiting partners and their children from financial hardship after a breakup[19]. But the government responded cautiously, saying they would look at cohabitation law only after other family law reforms were completed.

Overall, UK family law has made major progress, especially in recognising same-sex couples; thanks to the Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013[20]. But the situation for cohabiting partners remains unclear. Despite nearly a third of couples in England and Wales living together without being married or in a civil partnership[21], their legal recognition is still limited[22].

The next sections will look more closely at these gaps; first by examining the rights of cohabiting couples, and then the legal position of same-sex parents.

Top UK Assignment Cities

3.0 Legal Recognition of Cohabiting Partners

Many cohabiting couples today live in exactly the same way as married couples; sharing homes, raising children, and building lives together. But when it comes to the law, they are treated very differently. In the UK, there is no such thing as a “common law marriage.” This is a common myth, but it has no legal basis. Unlike spouses or civil partners, cohabitants do not automatically get legal rights just by living together. Any rights they do have must come through specific general law[23]. If a cohabiting couple separates, they cannot go to family court to settle property disputes or ask for financial support in the same way married couples can during divorce. Instead, they have to rely on complex trust and property law. For example, if only one person’s name is on the house, the other partner must prove they contributed financially or had a shared understanding to claim a share.

Making maintenance claims is also difficult. Only limited and specific laws allow a claim—usually where children are involved. And if one partner dies without a will, the surviving partner may get nothing under the intestacy rules, because those laws only recognise married or civil partners. The only option may be to go to court under the Inheritance (Provision for Family and Dependants) Act 1975, which is costly and uncertain[24]. There are also few protections for cohabiting partners when it comes to inheritance, pensions, or other long-term benefits. The Law Commission’s 2011 report highlighted these issues, but many of its recommendations have still not been implemented.

3.1 Property and Finances

When cohabiting couples own property together, legal disputes are handled under trust law, not family law. The leading case on this issue is Stack v Dowden [2007] UKHL 17. In this case, Ms Dowden and her long-term partner, Mr Stack, jointly owned their home. The House of Lords ruled that when both names are on the title, the general rule is that each owns half; the idea that “equity follows the law”[25][26]. This creates a default assumption of 50/50 ownership, which reflects a preference for clear, formal rules (often described in legal theory as Weberian formalism)[27]. But this presumption is not absolute. If there is proof that the couple had a different common intention, the court can depart from equal shares. In Dowden’s case, because she paid more towards the property, the court gave her a 65% share[28][29].

This two-step approach, start with equal shares, then adjust based on evidence; was further clarified in Jones v Kernott [2011] UKSC 53. There, the couple also jointly owned the house, but Ms Jones paid the full purchase price and all ongoing costs after her partner left. The Supreme Court decided she should get 90% of the property, because her financial contributions and the changed situation showed the couple’s original intentions had shifted[30]. Jones v Kernott reaffirmed the Stack v Dowden principles of equal presumption, and heavy burden to depart; but accepted that, where one partner clearly disentangles themselves, the court may impute a share that the parties should have intended[31]. These rulings mean that cohabitants in England and Wales must argue their case based on what they paid, what they agreed, and how they lived; not on any shared legal status. This often leads to uncertainty, expensive court cases, and outcomes based on financial transactions, not on fairness or shared family life.

The rules in Scotland are more protective. Under the Family Law (Scotland) Act 2006, cohabitants can make legal claims if they split up or if one partner dies. But unlike England and Wales, the Scottish law does not assume a 50/50 split[32]. Instead, it focuses on economic fairness. In Gow v Grant [2012] UKSC 29 the Supreme Court (on Scots law) took a purposive view: it recognized that section 28 was meant “not to replicate” marriage law but to redress economic unfairness[33]. Mrs. Gow, who had sacrificed her home and earnings for the cohabitation, was awarded £39,500 by the Scottish courts[34]. Lady Hale, along with the majority bench, emphasized that such remedies are “both practicable and fair” and that English couples deserved similar protections[35]. In Scotland, therefore, cohabiting couples can claim a capital sum to rebalance gains and losses after separation; a legal right not available in England and Wales.

Northern Ireland also has its own rules. Until recently, there was no legal recognition for same-sex partnerships, so LGBTQ+ cohabitants had even fewer rights. Opposite-sex cohabitants have limited legal remedies. Under the Family Law (Northern Ireland) Act 2006, they can ask for financial help, but this law is rarely used. There are also no special inheritance rules for cohabitants in the absence of a will.

According to a recent House of Commons briefing, while Northern Irish cohabitants do have some legal protection, they still have fewer rights than married couples or those in a civil partnership[36]. By contrast, Scotland has gone further by recognising that people in long-term cohabiting relationships may suffer real financial losses; and the law should step in.

3.2 Other legal areas

If a cohabiting couple has a child, the father does not automatically get parental responsibility unless certain conditions are met. He can gain it either by agreeing with the mother or through a court order[37]. But under English law, an unmarried father only gets this status automatically if he is named on the birth certificate; and the child’s birth is registered within one year, as set out in the Children Act 1989.[38]. When cohabiting parents separate, the same child welfare rules apply as for married couples. The court can issue welfare orders, residence orders, or specific issue orders to decide what is best for the child. Under the Family Law Act 1996, cohabiting partners also have the same legal protection against domestic abuse as spouses or civil partners.[39]. However, in one major area, inheritance law; cohabiting partners are still at a disadvantage. If one partner dies without a will, the survivor does not automatically inherit anything. As mentioned earlier, they must rely on the Inheritance (Provision for Family and Dependants) Act 1975, which involves a court process and is not guaranteed.

3.3 Legal reform and debate

There is broad agreement that UK law does not do enough to protect cohabiting couples. In 2022, a group of MPs called for reforms to give cohabitants similar rights to married couples, especially when it comes to financial matters after separation[40]. The debate centres on a key question of fairness versus freedom: should people who choose not to marry still be given legal rights to a financial settlement when they break up? Many feminist legal scholars say yes. They point out that the current system hits women the hardest; especially those who provide unpaid care, like raising children or managing the home. When these relationships end, women are more likely to face poverty and instability after separation[41]. One of the biggest problems is the lack of a clear legal process for dividing property when cohabiting partners separate. Because there is no statutory scheme like there is for married couples, people must turn to complex and costly trust law cases, like Stack v Dowden and Jones v Kernott. Others have to rely on informal agreements or goodwill, which may not stand up in court.

3.4 Section Summary

In England and Wales, cohabiting couples have very few financial rights when they separate. They must rely on trust law, as set out in cases like Stack v Dowden and Jones v Kernott, to divide property. Courts can sometimes make maintenance orders, but these are rare and usually limited. In contrast, Scotland offers more support. Under Section 28 of the Family Law (Scotland) Act 2006, cohabitants can apply for a financial award to address unfairness caused by the relationship breakdown. This gives them clearer and more predictable legal options. Northern Ireland, however, offers minimal protections for cohabitants, with few statutory rights and no automatic claims on separation or death. Across the UK, the law only partly reflects how families live today. Surveys show that nearly one-third of couples cohabit, yet they still have no legal status equal to marriage or civil partnership.[42]. Although reform discussions continue, the law remains outdated in this area. Until major changes are made, cohabiting partners remain legally vulnerable.

The next section turns to same-sex parenting in the UK, where progress has been made; but some legal gaps still exist.

4.0 Legal Rights of Same-Sex Parents

Same-sex couples raising children face a unique and often complicated legal landscape in the UK. Their rights have been shaped by a mix of legislation and case law, with progress coming in gradual steps[43]. Some of the most important legal issues include: who gets parental responsibility (PR), who can adopt, and how the law deals with intended parents; especially in cases involving assisted reproduction or surrogacy[44]. Traditionally, UK family law was built on the idea of one mother and one father as legal parents. A non-biological parent, whether male or female, had no automatic legal status; unless they were married to the biological parent. For example, a man who married a divorced mother could acquire rights to the child, but same-sex partners had no such pathway. This meant that lesbian couples or other same-sex families often had no legal recognition, even if both partners were actively parenting the child.

4.1 Civil Partnership and Marriage Legislation

The Civil Partnership Act 2004 was a major turning point for same-sex couples in the UK. It gave them the right to register a legal partnership that offered most of the same benefits as marriage[45]. At the time, only same-sex couples could enter into a civil partnership, which granted rights in areas like inheritance, pensions, and the ability to adopt children jointly.

This was followed by the Marriage (Same Sex Couples) Act 2013, which made same-sex marriage legal in England and Wales[46]. Later, Scotland and Northern Ireland also introduced their own laws to allow same-sex marriage.

For family law, these reforms marked a shift toward full equality. Whether a couple is in a civil partnership or married, they now have the same legal standing, regardless of gender. A key change under the 2013 Act was that both spouses in a same-sex marriage are legally recognised as parents if one gives birth. This brought the rules in line with what already applied to opposite-sex couples, helping ensure that same-sex parents have equal parental rights[47].

Top Dissertation Topics UK

4.2 Parenthood and Parental Responsibility (PR)

Under the Children Act 1989, the birth mother automatically gets parental responsibility (PR). A married father also gets PR by default[48]. However, unmarried fathers did not always have automatic rights; they originally had to either marry the mother or apply for a court order to gain PR[49]. For same-sex female couples, the situation was even more restrictive under the older Human Fertilisation and Embryology Act 1990, which didn’t allow for shared legal parenthood at all. This changed with the HFEA 2008, which came into effect in 2009. Under the updated law, a female partner of the birth mother could automatically be recognised as the second legal parent if the couple were married or in a civil partnership at the time of donor conception. If they weren’t married or civil partnered, they could still both be legal parents; but only if they gave formal written consent before fertility treatment[50].

Thanks to this reform, many lesbian couples can now be recognised as joint legal parents from the child’s birth, without needing to go through adoption.

For same-sex male couples, the route is more complex. One partner must be the legal father via surrogacy, while the other typically has to adopt the child or use step-parent adoption rules to gain parental rights.

4.3 Case Law

In Re G (Children) [2006] UKHL 43, a lesbian couple had two children through artificial insemination[51]. After the couple separated, the non-biological mother (CW) applied for shared residence and parental responsibility. At first, she was granted equal standing; but the House of Lords later overturned that decision.[52]. The court ruled that the biological mother’s role was a key factor in the children’s lives. Lord Nicholls famously said a child should not be taken from their biological parent unless there is a very strong reason. While the court acknowledged CW’s involvement, it ultimately gave priority to birth ties.[53] Critics said this reflected outdated thinking, especially since both women had been parenting together; but the ruling showed how UK family law still gave special weight to biology at that time. Lord Nicholls famously stated a child should not be taken from a primary biological parent except for very good cause. This decision underscored that, although same-sex partners’ roles are acknowledged, the law still prioritized biology in line with traditional family norms.

In Re P (Adoption: Unmarried Couple) [2008] UKHL 38, the court faced a rule in Northern Ireland that banned unmarried couples from adopting jointly[54]; even though this was allowed in England and Wales. ^[55]. A lesbian couple challenged the rule under the European Convention on Human Rights (Article 14 ECHR).

The House of Lords ruled that the ban was discriminatory and had no valid justification. This case was not just about same-sex couples; it applied to all unmarried couples; but it had a big impact on LGBTQ+ parenting rights in Northern Ireland, effectively giving them the same adoption rights as heterosexual couples elsewhere in the UK[56]. Lord Hoffmann held that it was unlawful to restrict adoption by unmarried couples categorically. Re P, therefore, established that unless law serves a necessary public good, denying family rights to unmarried people of any sexual orientation is impermissible[57].

Other developments include changes to IVF and surrogacy law. For example, Gow v Grant is indirectly relevant: though a cohabitation finance case, it, as we saw, highlighted that Scots law aimed to treat cohabitants fairly – implying that otherwise law is more protective of traditional families[58]. Before the 2009 update to the HFEA, a non-birth mother in an unmarried lesbian couple could not be listed on the birth certificate, unlike married partners. That has since changed, giving both mothers equal legal recognition from birth[59]. The 2009 amendment fixed that[60]. For gay male couples, the law is more complicated. Surrogacy laws like the Surrogacy Arrangements Act 1985 and HFEA rules mean that one parent must apply for a Parental Order after the child is born. Although still a complex process, recent legal guidance has made things slightly easier[61].

Even though there is progress, many of these rules still favour traditional family structures, and navigating the legal system can be tough for same-sex parents.

4.4 Legislative context

Other laws have also helped improve the legal position of same-sex parents, even if not directly focused on parenting. For example, the Equality Act 2010 bans discrimination based on sexual orientation, helping reinforce rights gained through earlier reforms[62]. The Civil Partnership Act 2004 was originally aimed at same-sex couples, but since December 2019, it has also allowed opposite-sex couples to form civil partnerships. This shows a wider move towards recognising different kinds of committed relationships; not just traditional marriages[63]. In practice, this overlaps with marriage equality, but it also signals growing acceptance of cohabiting relationships in law.

The Law Commission has repeatedly recommended updating legal definitions in family law to reflect all types of family structures. These ideas are influenced by feminist theory and human rights law, both of which argue that laws should include and protect families in all their diverse forms; not just those based on marriage or biology.

4.5 Section Summary

Today, same-sex parents in England & Wales and Scotland enjoy nearly the same legal rights as different-sex families. Both marriage and civil partnership give couples formal recognition, and assisted reproduction laws now allow both mothers in a lesbian couple to be recognised as legal parents from birth. Important cases like Re G and Re P have helped remove earlier barriers in parenting and adoption rights.

However, differences still exist across the UK. For example, Northern Ireland did not allow same-sex marriage or equal parenting rights until as late as 2019. Even now, while the law has changed, cultural attitudes may still influence how rights are applied in practice.

Also, cases like Re G (Children) remind us that legal progress does not always guarantee equality in court outcomes. In that case, the court gave preference to the biological mother, raising concerns for non-biological parents in same-sex families, especially when relationships break down.

The next section will explore whether the current legal framework truly meets the needs of modern families in the UK.

5.0 Analysis: How Well Does the Law Reflect Modern Realities?

Overall, UK family law has made strong progress in adapting to social change, but there are still important gaps. When it comes to cohabiting couples, the law continues to fall behind how people actually live. Today, millions of couples in the UK live together without being married, and many raise children together; yet they have no legal status equivalent to marriage[64].

Key cases like Stack v Dowden and Jones v Kernott show that courts try to divide property fairly using equity principles, but the process is complex, expensive, and often unfair. These rulings depend heavily on things like financial contributions and inferred intentions, rather than recognising unpaid caregiving or sacrifices made during the relationship. Unlike in divorce, a cohabitant who leaves a job to support the family is not guaranteed any share of the home.

Feminist legal scholars have long argued that this setup disadvantages women, who are more likely to take on unpaid domestic roles. In fact, the 2022 Women and Equalities Committee report made it clear that the current system “does not reflect modern realities,”[65]. and called for urgent cohabitation law reform. Even now, many people believe in the myth of “common law marriage”, expecting rights that do not exist; showing how wide the legal gap still is.

On the other hand, legal rights for same-sex parents in the UK have improved considerably. Laws such as the Civil Partnership Act 2004 and Marriage (Same-Sex Couples) Act 2013 have removed most legal inequalities. The HFEA 2008 helped ensure that children born through IVF to lesbian couples could have both mothers recognised as legal parents. Meanwhile, adoption and parental responsibility have become more inclusive after rulings like Re P.

As a result, many same-sex families now have access to key protections like inheritance rights, welfare benefits, and next-of-kin status. Public support has also grown, and legal frameworks are now more closely aligned with how LGBTQ+ families actually live. Today, “legal recognition of LGBTQ+ parents in the UK” is no longer a ‘fringe’ demand; it has become part of mainstream family law policy.

Even with all this progress, gaps remain—especially for non-biological parents and cohabiting couples. For example, the case of Re G revealed a lingering bias in UK courts. The House of Lords placed strong emphasis on biological motherhood, making it harder for a non-birth parent in a same-sex relationship to keep contact with the child after separation. If the birth mother objects, the other parent may still have weaker legal footing, even if both were equally involved in parenting[66]

The ruling in Re P (2008) helped by removing legal barriers to joint adoption by unmarried couples, but the law still treats married and unmarried parents differently in some areas, especially around fertility rights. Northern Ireland was slow to adopt these reforms, which means there are still regional differences in legal protections across the UK.

In the devolved nations, the law varies. Scotland is more forward-thinking in some respects: under Gow v Grant, cohabitants can apply for a capital sum if they separate, recognising the financial impact of long-term relationships. This reflects the high number of cohabiting couples in Scottish society. By contrast, in England & Wales, couples are still expected to sort things out in advance; by signing cohabitation agreements, making wills, or creating trust deeds. Without these, they have few protections. Northern Ireland lags furthest behind: until recently there was no same-sex marriage, no joint adoption, and very limited rights for cohabitants.

This fragmented legal landscape means that “UK family law cohabitation reform” is still very much a current issue. Families who move between UK regions, or separate across borders, may find themselves navigating very different legal systems.

From a social policy perspective, feminist scholars and Law Commission reports have long pointed out these flaws. They argue that the law’s strong focus on marriage leaves out many people; especially those who are more vulnerable, like carers or those with fewer financial resources. The 2007 and 2011 Law Commission reports called for reforms to protect cohabiting families, but these recommendations were not acted upon[67].

Now, there is more public and political support for change. Some have proposed creating “relationship registers” or a new system of statutory property sharing for cohabitants. Many legal experts and campaigners say the current law fails to meet basic principles of fairness and social justice.

UK family law, therefore, has done well in some areas, especially around same-sex marriage and parenthood; but it still does not fully reflect how families actually live today. In fact, the position of many unmarried couples is more insecure now than it was in the past, when marriage was more socially expected.

If the law is to catch up with reality, new reforms are needed: for example, making sure long-term cohabitants can claim a fair share of the home or pension if the relationship ends. Until that happens, the law will continue to reflect society’s complexity only partially, leaving many families without proper protection.

6.0 Conclusion

UK family law has come a long way in recognising modern families, but it still does not offer full equality; especially for cohabiting couples and same-sex parents. Reforms like the Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013 helped close key legal gaps. Important court decisions, such as Re G, Re P, Stack v Dowden, Jones v Kernott, and Gow v Grant, have also pushed the law forward. However, the progress has been uneven.

Cohabiting partners still face legal disadvantages, particularly in areas like property and inheritance. In contrast, same-sex parents are now mostly recognised in law, though some biases, especially around biology, still remain. Scotland has taken a more modern approach by giving cohabitants the right to make financial claims through statute. But in England and Wales, partners still depend on judges interpreting intentions on a case-by-case basis.

Overall, UK family law does reflect modern family life more than it once did; but not fully. Instead of a clear system, families often face a patchwork of outdated rules and one-off decisions. Feminist scholars and law reform groups argue this leads to unfairness and uncertainty for many families.

Looking ahead, the law is under pressure to change. There is growing debate around UK family law cohabitation reform and legal recognition of LGBTQ+ parents in the UK. Bold steps may be needed; like a new legal framework for cohabiting couples, or clearer parental rights rules for same-sex families. Until then, many families will continue to face legal challenges just for living in ways that reflect today’s reality.

7.0 Bibliography

Case Law

Gow v Grant [2012] UKSC 29, [2013] 1 FLR 58.

Jones v Kernott [2011] UKSC 53.

Re G (Children) [2006] UKHL 43, [2006] 1 WLR 2305.

Re P (Adoption: Unmarried Couple) [2008] UKHL 38, [2009] 1 AC 173.

Stack v Dowden [2007] UKHL 17, [2007] 2 AC 432.

Journal Articles

Bencze M, ‘Judicial Populism and the Weberian Judge—The Strength of Judicial Resistance Against Governmental Influence in Hungary’ (2021) 22 German Law Journal (Special Issue: Judges Under Stress) 1282–1297 https://doi.org/10.1017/glj.2021.67 accessed 13 June 2025.

Hayward A, ‘Cohabitation Reform in England and Wales: Time for Action’ in Bendall C & Parveen R (eds), Family Law Reform Now: Proposals and Critique (Hart Publishing, advance online ed, 2024) https://durham-repository.worktribe.com/output/2150687/cohabitation-reform-in-england-and-wales-time-for-action accessed 13 June 2025.

Hayward A, Cullen M, Sloan W and Allum M, ‘Cohabitation Rights in England and Wales, Scotland and Australia’ (3 July 2023) Financial Remedies Journal https://financialremediesjournal.com/content/cohabitation-rights-in-england-and-wales-scotland-and-australia.45da00f195c543e79d03f8c90e85bca2.htm accessed 13 June 2025.

Keating K, Unpaid Care Work and the Law: Gendered Injustice in Post‑Pandemic UK Families (2021) https://api.law.wisc.edu/repository-pdf/uwlaw-library-repository-omekav3/original/e4817aa4d58d4e81c04853f1930e01bc3263553b.pdf accessed 13 June 2025.

Koivula T, ‘What Makes a Father: Differentiation of Unmarried and Divorced Fathers in the Context of Custody under the Jurisprudence of the European Court of Human Rights’ (2024) International Journal of Law, Policy and the Family ebae002 https://doi.org/10.1093/lawfam/ebae002 accessed 13 June 2025.

Olaye‑Felix B, Allen DE and Metcalfe NH, ‘Surrogacy and the Law in the UK’ (2023) 99 Postgraduate Medical Journal 358–362 https://doi.org/10.1136/postgradmedj-2022-141625 accessed 13 June 2025.

Pawlowski M, ‘Resulting Trusts and Common Intention’ (2025) Trusts & Trustees ttaf013 https://doi.org/10.1093/tandt/ttaf013 accessed 13 June 2025.

Piper CD and Auchmuty R, ‘Thirty‑five Years of Feminism and Family Law in the Legal Academy’ (2024) Journal of Social Welfare and Family Law 1–16 https://doi.org/10.1080/09649069.2024.2414616 accessed 13 June 2025.

Smith L, Family Law for Family Life: Rethinking the Boundaries of Family Law (2025) Current Legal Problems cuaf001 https://doi.org/10.1093/clp/cuaf001 accessed 13 June 2025.

Legislation

Children Act 1989 (c 41).

Civil Partnership Act 2004 (c 33).

Civil Partnership Act 2004.

Equality Act 2010.

European Convention on Human Rights, art 14.

Family Law (Northern Ireland) Act 2006 (c 6).

Family Law (Scotland) Act 2006 (asp 2).

Human Fertilisation and Embryology Act 2008 (Amendment) Order 2009, SI 2009/1582.

Human Fertilisation and Embryology Act 2008 (c 22).

Marriage (Same Sex Couples) Act 2013 (c 30).

Surrogacy Arrangements Act 1985.

Online Sources

Domenech VL and Havers S, The Pace of Cohabitation Law Reform in the UK (Stewarts Law, 21 October 2024) https://www.stewartslaw.com/news/the-pace-of-cohabitation-law-reform-in-the-uk/ accessed 13 June 2025.

Fairbairn C et al, Common Law Marriage and Cohabitation (House of Commons Library Research Briefing SN03372, 2022) https://researchbriefings.files.parliament.uk/documents/SN03372/SN03372.pdf

Glassman B, ‘Cohabiting Partners Must Understand Their Legal, Financial and Tax Status’ (25 June 2024) Professional Paraplanner https://professionalparaplanner.co.uk/technicalzone/cohabiting-partners-must-understand-their-legal-financial-and-tax-status/ accessed 13 June 2025.

Kilkelly U, In Re P: Adoption, Discrimination and the Best Interests of the Child (Child & Family Law Quarterly vol 22 no 2 2010) 115–130 https://ssrn.com/abstract=1940376 accessed 13 June 2025.

Re G Same‑Sex Partners, Parenting and the House of Lords (Family Law, LexisNexis, 27 July 2006) https://www.familylaw.co.uk/news_and_comment/re-g-same-sex-partners-parenting-and-the-house-of-lords accessed 13 June 2025.

Thurley D, Pensions: Civil Partnerships and Same Sex Marriages (House of Commons Library Research Briefing SN03035, 2019) https://researchbriefings.files.parliament.uk/documents/SN03035/SN03035.pdf accessed 13 June 2025.

Human Fertilisation & Embryology Authority, Becoming the Legal Parents of Your Child (HFEA, updated 18 July 2016) https://www.hfea.gov.uk/treatments/explore-all-treatments/becoming-the-legal-parents-of-your-child/ accessed 13 June 2025.

Stack v Dowden (Family Law, LexisNexis, 26 April 2007) https://www.familylaw.co.uk/news_and_comment/stack-v-dowden-0#:~:text=joint%20names%20but%20no%20evidence,financial%20contributions%20to%20the%20property accessed 13 June 2025.

Penn Chambers, Family Law | Jones v Kernott (Penn Chambers, 21 September 2021, updated 7 August 2023) https://www.pennchambers.co.uk/post/family-law-jones-v-kernott accessed 13 June 2025.

Pepper L, Financial Rights of Cohabiting Couples: Case Law: Introduction to Gow v Grant [2012] UKSC 29 (Osbornes Law, 25 March 2019) https://osborneslaw.com/blog/financial-rights-for-cohabitants-an-interesting-case/ accessed 13 June 2025.

Reports and Parliamentary Papers

Foster D, Parental Responsibility in England and Wales (House of Commons Library Research Briefing CBP‑8760, 2024) https://commonslibrary.parliament.uk/research-briefings/cbp-8760/ accessed 13 June 2025.

House of Commons Library, ‘“Common law marriage” and cohabitation’ (Briefing Paper SN03372, 2022).

House of Commons Women and Equalities Committee, “Cohabiting couples: the law and beyond” (HC 2022, Cm 9823).

International Family Law Report: The Cohabitation Conundrum (Penningtons Manches Cooper, 2023) https://www.penningtonslaw.com/media/sonbynld/international-family-law-report-the-cohabitation-conundrum.pdf accessed 13 June 2025.

International Lesbian, Gay, Bisexual, Trans and Intersex Association, Adoption by Same‑Sex Couples (ILGA World Database, undated) https://database.ilga.org/adoption-same-sex-couples accessed 13 June 2025.

Law Commission, Cohabitation: The Financial Consequences of Relationship Breakdown (Law Com No 307, 2007).

Law Commission, Inheritance (Provision for Family and Dependants) (Law Com No 326, 2011).

Office for National Statistics, Population Estimates by Marital Status and Living Arrangements, England and Wales: 2022 (ONS, 2024) https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/populationestimates/bulletins/populationestimatesbymaritalstatusandlivingarrangements/2022 accessed 13 June 2025.

Secondary Sources (Books)

Barlow, A. et al. (eds), Cohabitation and the Law: Social Change and Legal Reform in the 21st Century (Palgrave Macmillan 2013).

Cooke, E. Surrogacy Law and Practice (2nd edn, Bloomsbury 2016).

Cretney SM, Family Law in the Twentieth Century: A History (Oxford University Press 2003).

Eekelaar, J., Maclean, M., Mountain, K., Munro, V. Family Law (9th edn, OUP 2017).

Huddleston, J. Parental Rights and Responsibilities (2nd edn, Hart 2009).

---

[1] Catherine Fairbairn and others, ‘“Common Law Marriage” and Cohabitation’ (House of Commons Library Research Briefing SN03372, 3 November 2022) https://researchbriefings.files.parliament.uk/documents/SN03372/SN03372.pdf accessed 13 June 2025.

[2] Ursula Kilkelly, In Re P: Adoption, Discrimination and the Best Interests of the Child (Child & Family Law Quarterly, Vol 22 No 2, 2010) 115–30 (posted 7 October 2011) https://ssrn.com/abstract=1940376 accessed 13 June 2025.

[3] Id.

[4] Supra Note 1.

[5] Re G Same‑Sex Partners, Parenting and the House of Lords (Family Law, LexisNexis, 27 July 2006) https://www.familylaw.co.uk/news_and_comment/re-g-same-sex-partners-parenting-and-the-house-of-lords accessed 13 June 2025.

[6] S M Cretney, Family Law in the Twentieth Century: A History (Oxford University Press 2003).

[7] Supra Note 1.

[8] Christine D Piper and Rosemary Auchmuty, ‘Thirty‑five Years of Feminism and Family Law in the Legal Academy’ (2024) Journal of Social Welfare and Family Law 1–16 https://doi.org/10.1080/09649069.2024.2414616 accessed 13 June 2025.

[9] International Family Law Report: The Cohabitation Conundrum (Penningtons Manches Cooper, 2023) https://www.penningtonslaw.com/media/sonbynld/international-family-law-report-the-cohabitation-conundrum.pdf accessed 13 June 2025.

[10] Tapio Koivula, ‘What Makes a Father: Differentiation of Unmarried and Divorced Fathers in the Context of Custody under the Jurisprudence of the European Court of Human Rights’ (2024) International Journal of Law, Policy and the Family ebae002 https://doi.org/10.1093/lawfam/ebae002 accessed 13 June 2025.

[11] Supra Note 1.

[12] Djuna Thurley, Pensions: Civil Partnerships and Same Sex Marriages (House of Commons Library Research Briefing SN03035, 17 July 2019) https://researchbriefings.files.parliament.uk/documents/SN03035/SN03035.pdf accessed 13 June 2025.

[13] Id.

[14] Leanne Smith, Family Law for Family Life: Rethinking the Boundaries of Family Law (2025) Current Legal Problems cuaf001 https://doi.org/10.1093/clp/cuaf001 accessed 13 June 2025.

[15] Human Fertilisation & Embryology Authority, Becoming the Legal Parents of Your Child (HFEA, updated 18 July 2016) https://www.hfea.gov.uk/treatments/explore-all-treatments/becoming-the-legal-parents-of-your-child/ accessed 13 June 2025.

[16] Id.

[17] Supra Note 1.

[18] Victoria Lee Domenech and Sarah Havers, The Pace of Cohabitation Law Reform in the UK (Stewarts Law, 21 October 2024) https://www.stewartslaw.com/news/the-pace-of-cohabitation-law-reform-in-the-uk/ accessed 13 June 2025.

[19] Supra Note 1.

[20] Supra Note 13.

[21] Office for National Statistics, Population Estimates by Marital Status and Living Arrangements, England and Wales: 2022 (ONS, 25 January 2024) https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/populationestimates/bulletins/populationestimatesbymaritalstatusandlivingarrangements/2022 accessed 13 June 2025.

[22] A Hayward, ‘Cohabitation Reform in England and Wales: Time for Action’ in C Bendall & R Parveen (eds), Family Law Reform Now: Proposals and Critique (Hart Publishing, advance online ed, Jan 2024) https://durham-repository.worktribe.com/output/2150687/cohabitation-reform-in-england-and-wales-time-for-action accessed 13 June 2025.

[23] Cohabiting Partners Must Understand Their Legal, Financial and Tax Status
Ben Glassman, ‘Cohabiting Partners Must Understand Their Legal, Financial and Tax Status’ (25 June 2024) Professional Paraplanner https://professionalparaplanner.co.uk/technicalzone/cohabiting-partners-must-understand-their-legal-financial-and-tax-status/ accessed 13 June 2025.

[24] Cohabitation Rights in England and Wales, Scotland and Australia
Andy Hayward, Marisa Cullen, William Sloan and Michael Allum, ‘Cohabitation Rights in England and Wales, Scotland and Australia’ Financial Remedies Journal (3 July 2023) https://financialremediesjournal.com/content/cohabitation-rights-in-england-and-wales-scotland-and-australia.45da00f195c543e79d03f8c90e85bca2.htm accessed 13 June 2025.

[25] Stack v Dowden [2007] UKHL 17, [2007] 2 AC 432 (HL) https://publications.parliament.uk/pa/ld200607/ldjudgmt/jd070425/stack-1.htm accessed 13 June 2025.

[26] Stack v Dowden (Family Law, LexisNexis, 26 April 2007) https://www.familylaw.co.uk/news_and_comment/stack-v-dowden-0#:~:text=joint%20names%20but%20no%20evidence,financial%20contributions%20to%20the%20property accessed 13 June 2025.

[27] Mátyás Bencze, ‘Judicial Populism and the Weberian Judge—The Strength of Judicial Resistance Against Governmental Influence in Hungary’ (2021) 22 German Law Journal (Special Issue: Judges Under Stress) 1282–1297 https://doi.org/10.1017/glj.2021.67 accessed 13 June 2025.

[28] Supra Note 26.

[29] Supra Note 27.

[30] Penn Chambers, Family Law | Jones v Kernott (Penn Chambers, 21 September 2021, updated 7 August 2023) https://www.pennchambers.co.uk/post/family-law-jones-v-kernott accessed 13 June 2025.

[31] Mark Pawlowski, ‘Resulting Trusts and Common Intention’ (2025) Trusts & Trustees ttaf013 https://doi.org/10.1093/tandt/ttaf013 accessed 13 June 2025.

[32] Supra Note 25.

[33] Lisa Pepper, Financial Rights of Cohabiting Couples: Case Law: Introduction to Gow v Grant [2012] UKSC 29 (Osbornes Law, 25 March 2019) https://osborneslaw.com/blog/financial-rights-for-cohabitants-an-interesting-case/ accessed 13 June 2025.

[34] Id.

[35] Supra Note 34.

[36] Supra Note 1.

[37] Asma Keshtgar, Mohamed Hania and Mohammad O Sharif, ‘Consent and Parental Responsibility – the Past, the Present and the Future’ (2022) 232 British Dental Journal 115–119 https://doi.org/10.1038/s41415-022-3877-7 accessed 13 June 2025.

[38] Id.

[39] Supra Note 25.

[40] Supra Note 1.

[41] Kia Keating, Unpaid Care Work and the Law: Gendered Injustice in Post‑Pandemic UK Families (2021) https://api.law.wisc.edu/repository-pdf/uwlaw-library-repository-omekav3/original/e4817aa4d58d4e81c04853f1930e01bc3263553b.pdf accessed 13 June 2025.

[42] Supra Note 1.

[43] International Lesbian, Gay, Bisexual, Trans and Intersex Association, Adoption by Same‑Sex Couples (ILGA World Database, undated) https://database.ilga.org/adoption-same-sex-couples accessed 13 June 2025.

[44] Bianca Olaye‑Felix, Deborah E Allen and Neil H Metcalfe, ‘Surrogacy and the Law in the UK’ (2023) Postgraduate Medical Journal 99(1170) 358–362, postgradmedj‑2022‑141625 https://doi.org/10.1136/postgradmedj-2022-141625 accessed 13 June 2025.

[45] Supra Note 13.

[46] Supra Note 13.

[47] Supra Note 13.

[48] David Foster, Parental Responsibility in England and Wales (House of Commons Library Research Briefing CBP‑8760, 16 July 2024) https://commonslibrary.parliament.uk/research-briefings/cbp-8760/ accessed 13 June 2025.

[49] Id.

[50] Supra Note 16.

[51] Re G (Children) [2006] UKHL 43, [2006] 1 WLR 2305 (HL).

[52] Supra Note 5.

[53] Supra Note 5.

[54] Re P (Adoption: Unmarried Couple) [2008] UKHL 38, [2009] 1 AC 173 (HL).

[55] Id.

[56]European Convention on Human Rights, art 14.

[57] Supra Note 55.

[58] Gow v Grant [2012] UKSC 29, [2013] 1 FLR 58 (SC).

[59] Human Fertilisation and Embryology Act 2008 (Amendment) Order 2009, SI 2009/1582.

[60] Id.

[61] Surrogacy Arrangements Act 1985.

[62] Equality Act 2010.

[63] Civil Partnership Act 2004.

Explore Recent Blogs