Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Cohabitants definition

What does Cohabitants mean? Cohabitants are two adults who live together as a couple in one household without being married to each other or in a civil partnership. The term covers both opposite-sex and same-sex couples and is assessed by the factual nature of the relationship. There is no single UK- or Ireland-wide definition. In England and Wales, and in Northern Ireland, meaning varies by statute and context, with courts asking whether the couple lived together “as if spouses or civil partners”, considering factors such as duration and stability of the relationship, shared residence, finances, domestic arrangements and any children. Some legislation sets a minimum...

Unmarried cohabitants’ pension entitlements on death: UK tax rules, scheme conditions and ECHR challenges to nomination requirements and married cohabitant exclusions (Brewster, Elmes, Langford)

Published by a LexisNexis Pensions expert

Practice notes

In this Practice Note, 'cohabitant' denotes an unmarried partner (excluding a civil partner) of a member. This Practice Note also references the European Convention on Human Rights (ECHR) and its relevance.

The ECHR is an international treaty ratified by the UK in 1951. It became enforceable domestically through the Human Rights Act 1998, which gives legal effect to the rights guaranteed by the ECHR, giving effect to the rights contained within it.

Rulings of the ECtHR are not binding; however, the Human Rights Act 1998 provides that UK courts must take into account any judgment, decision, declaration or advisory opinion of the ECtHR.

As the ECHR is incorporated into UK law via the Human Rights Act 1998, neither brexit nor the Retained EU Law (Revocation and Reform) Act 2023 alters the UK’s position in respect of the ECHR.

For details on the pension entitlements of same-sex spouses and civil partners on a member’s death, see Practice Note: Pension rights of spouses and civil partners on member’s death...

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Web page updated on 22/05/2026

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