The Rights of Cohabitants in the United Kingdom: A Comparative Analysis of Legal Protections for Spouses and Civil Partners

Abstract

Despite the emerging trend of cohabitation, cohabitants enjoy a limited array of rights when compared to the position of spouses and civil partners in the United Kingdom (UK). This research is centred to addresses the disparity in legal protections between cohabitants, spouses, and civil partners by examining how current laws fail to provide equitable rights for cohabitants compared to those in formalized relationships in the UK. The methodology follows library-based desk research by accommodating comparative legal analysis enriched with in-depth examination of existing UK laws related to cohabitants, spouses, and civil partners, in identifying key legal disparities. This article delves in to the loopholes in the reforms introduced to restructure the laws on the rights of cohabitants mainly for not attaining the implementation stage. The analysis of the other jurisdictions including Scotland, Australia, New Zealand, Spain, Germany, France, and Northern Ireland evidenced cohabitants enjoying the rights equivalent to spouses and civil partners. In placing cohabitants in the legal arena as spouses and civil partners, this paper recommends the introduction of a Hybrid scheme, a combination of opt-in and opt-out schemes followed in the said urisdictions. This scheme will entail proper provisions in the regard of a series of rights that cohabitants were distanced from the present legal system of the United Kingdom.