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This whole area of law is predicated on the alleged unfairness to people who thought that a "common law marriage" meant something. If people want the rights of a married couple let them marry. Instead of pandering to their ignorance the Government could take out full page adverts once a month indefinitely in most newspapers saying "Common law marriage does not exist. If you think it does you are mistaken." This could be supplemented by similar messages on social media and in the school curriculum.

I suspect that many people know full well they have no rights but choose to ignore that fact and hope that it will all turn out alright. If "common law spouses" with assets knew for certain that the courts would not interfere if they did not update their will and that their partner and children would not inherit they might take responsibility.

Instead we have the courts fighting a rearguard action to save people from their own wilful ignorance and folly. The precise legal position on any particular case is uncertain and has to be expensively litigated so that Ignorance of the Law can be a complete excuse.