Gen Z, Generation Z or Zoomers are those born between 1997-2012. According to the Marriage Foundation’s December 2024 report, less than 6 in 10 Gen Z individuals are predicted to marry in their lifetime. They highlight that marriage rates have collapsed among those aged 25 and under with only 4% of women and 2% of men born in 1998 tying the knot, compared to 60% of women and 41% of men born in 1960 being married before they were 25. They note that, although the effect of covid has not been fully realised, unmarried couples are more prevalent now than ever before.
In addition to the rise in unmarried couples living together, relationship and family structures have evolved considerably in recent years including civil partnerships, blended families, co-parenting arrangements between friends, polyamorous or consensually non-monogamous relationships and families created through donor conception, IVF or surrogacy. Although these relationships are increasingly common, legal recognition varies depending on the circumstances and while the law has adapted to better recognise and support diverse family structures there are still key considerations for individuals entering into these types of relationships or arrangements.
Pre-Nups
If Gen Z’s do choose to get married, they are often entering into a pre or postnuptial agreements. Approximately 20% of modern marriages now start with a prenuptial agreement. This is a massive shift from just 1 in 50 marriages four decades ago.
Younger generations are driving this trend, with up to 40% of newlyweds under 35 opting for nuptial agreements see our guide to prenuptial and postnuptial agreements.
Cohabitation - unmarried couples living together
In total over 3.5 million couples live together, more than double the number 30 years ago, but there are limited financial remedies for those if a relationship breaks down which can leave individuals, and any children, without security.
Moving in together
If you are thinking of moving in together our top tips can help you navigate the way forward.
The ‘myth’ of a common law marriage/partner
Unfortunately, an unmarried couple who are living together are not entitled to the same legal rights as a married couple if the relationship were to breakdown. No matter how long you have been living with one another there are very little financial protections for co-habiting couples which can exacerbate an already stressful experience.
In short, there is no legal recognition for a “common law partner/spouse” and it is important you put adequate protections in place, if applicable.
The Government is currently engaged in consultation about law reform in this area.
Property
For those fortunate enough to jointly own a property with a partner, it is important to be aware of how any disputes would be dealt with regarding your property. Without any prior agreement, a dispute would be dealt with via the Trusts of Land and Appointment of Trustees Act 1996 or TOLATA.
Our guide to these claims is here but in brief:
The court’s powers are quite narrow.
Disputes can be complex, both evidentially and legally.
Claims that go to trial are expensive, sometimes prohibitively so, and can take over a year to resolve.
Alternative dispute resolution is always advised in these cases.
Prevention is key. Therefore, a cohabitation agreement is recommended alongside keeping clear financial records of contributions and records of your intentions regarding ownership.
Assets
Similarly, any joint accounts and shared assets should be discussed and documented to avoid disputes. Even if you have ‘popped the question’, parties are treated as if they are unmarried until they are officially married.
Engagement rings
However, an engagement ring is presumed to be an absolute gift under statute unless the ring was given on a condition that it should be returned if the marriage did not take place. An example may be that the ring was a family heirloom. Be clear and document the intention for the ring!
Cohabitation agreements
For Gen Z couples who have either been living with a partner for a fair amount of time or those considering the move, it is important that you are aware of the protections that are available to you in the event of a relationship coming to an end.
A cohabitation agreement often affords the protections you are after and can help to establish individual expectations, rights and responsibilities for unmarried couples. It can prevent potentially fraught and costly disputes further down the line and give peace of mind in a world that is often littered with uncertainty.
Cohabitation agreements can also offer protections around pensions if you intend to share financial responsibility and potentially contribute directly or indirectly to a partner’s pension plan, as there is currently no de facto entitlement under the current law.
Under Scottish Law, there is legislation for cohabiting couples.
Civil Partnerships and same-sex marriage
The Civil Partnership Act 2004 introduced civil partnerships, granting same-sex couples legal rights broadly equivalent to those enjoyed by married couples. This marked the first formal legal recognition of same-sex relationships. Following subsequent legal reforms, civil partnerships are also available to opposite-sex couples.
For more information about the difference between civil partnerships and marriage see our article.
When a couple wish to end their civil partnership, it must be dissolved and the finances arising from the civil partnership must be resolved.
The Marriage (Same Sex Couples) Act 2013 legalised same-sex marriage in England and Wales. Since March 2014, same-sex couples have been able to marry, while existing civil partnerships may be converted into marriages.
Today, same-sex couples generally enjoy the same legal rights and responsibilities as opposite-sex couples in matters relating to marriage, divorce, financial remedies, parental responsibility, and child arrangements.
Non-traditional relationships
The concept of family has changed significantly over the past few decades. Today, many people choose relationship structures that differ from the traditional model of marriage or civil partnership. Whether you are living together without marrying, co-parenting with a friend, raising children in a blended family, or in a consensually non-monogamous relationship, it is important to understand how the law in England and Wales may affect your rights and responsibilities see, evolving family structures.
While family law continues to evolve, it has not always kept pace with modern relationships. As a result, individuals in non-traditional family arrangements may have fewer legal protections than they expect.
A non-traditional relationship is any family or relationship structure that falls outside the conventional framework of a married or civil partnered couple raising children together.
Polyamorous relationships
Polyamorous relationships involve more than two consenting adults in committed relationships. While these relationships may be emotionally and financially interconnected, English law currently provides very limited legal recognition for them. Marriage and civil partnership remain restricted to two people see legal implications of polyamorous relationships.
This can create uncertainty regarding:
Property ownership
Financial arrangements
Inheritance
Medical decision-making
Separation
Parenting arrangements
Although the law does not formally recognise multiple partners as spouses or civil partners, individuals can still take practical steps to protect themselves through carefully drafted legal documents, including wills, declarations of trust and lasting powers of attorney.
Blended families
Blended families are increasingly common following divorce or separation. Many step-parents take on significant caring responsibilities, but this does not automatically give them legal parental responsibility. Depending on the circumstances, step-parents may wish to consider obtaining parental responsibility through agreement or court order where appropriate, particularly if they play an active role in the child's upbringing. Estate planning is also important in blended families to ensure that children from previous relationships are provided for in accordance with your wishes.
Platonic co-parenting
Platonic co-parenting is where individuals parent together without romantic involvement and has its own set of considerations.
When making decisions about where a child lives or how much time they spend with each parent, the court focuses on what is in the child's best interests. The court does not favour one family structure over another simply because it is considered more traditional. The stability, safety and wellbeing of the child remain the overriding priorities.
Many legal disputes arise because important issues were never discussed or documented. Whether you are moving in together, buying a home together, starting a family, entering into a co-parenting arrangement or managing finances with multiple partners, taking legal advice early can provide clarity and reduce uncertainty.
Conclusion
Families today are more diverse than ever before, but legal rights do not always reflect modern relationship choices. Understanding your legal position is an important step in protecting yourself, your partner and any children involved.
Whether you are cohabiting, co-parenting, part of a blended family or considering assisted reproduction or surrogacy, seeking specialist family law advice at an early stage can help you make informed decisions and avoid unnecessary legal complications in the future.
For further information on the developments in family law, please contact our expert family solicitors.
Family law