For years, family lawyers have been highlighting a significant gap in the law affecting unmarried couples. Despite being one of the fastest-growing family types in the UK, unmarried couples who live together have traditionally enjoyed far fewer legal protections than their married or civil partnered counterparts.
Now, however, significant reform may finally be on the horizon.
The Government has recently launched a consultation called A Fairer End to Relationships, which proposes introducing new legal rights for cohabiting couples when relationships end through separation or death. If these proposals become law, they could affect millions of families across England and Wales.
The Myth of the “Common Law Marriage”
One of the most common misconceptions we hear is:
“We’ve lived together for years, so we’re basically common law husband and wife.”
Unfortunately, “common law marriage” is not recognised in England and Wales.
In reality, there is no legal concept of “common law marriage” in England and Wales. Regardless of how long a couple has lived together, cohabiting or civil partners do not automatically gain rights to financial support, pensions, property, or inheritance simply by virtue of their relationship.
This legal gap can have devastating consequences when relationships break down or when one partner dies unexpectedly. Many cohabitants discover too late that they have little or no claim to assets they helped build or a home they shared for years.
Why Is Reform Being Considered?
Family life has changed dramatically over the last few decades.
Cohabitation has become increasingly common, with millions of couples choosing to live together without marrying or entering a civil partnership. Many couples view cohabitation as a modern alternative to marriage, while others simply postpone formal legal commitments.
Many people feel that the law has simply not kept pace with modern relationships. Legal practitioners, academics, and family law organisations have long argued that the current framework leaves vulnerable partners, particularly those who have sacrificed careers to care for children or support a household, exposed to significant financial hardship.
The Government’s consultation is aimed at addressing some of the unfairness that can arise when long-term cohabiting relationships come to an end.
What Is Being Proposed?
In June 2026, the Government launched a consultation as part of its wider family law reform programme, signalling the strongest indication yet that meaningful change may finally be forthcoming.
The proposals do not seek to make cohabitation the same as marriage. Instead, they would create a separate legal framework for certain cohabiting couples.
The proposed scheme would apply to couples who:
• Have lived together for at least three years; or
• Have a child together; and
• Were in an enduring family relationship.
Among the reforms being considered are:
• Financial remedies for certain cohabiting couples following separation.
• Potential rights to share property, pensions, savings, or other assets in qualifying circumstances.
• Automatic inheritance rights where a partner dies without leaving a will.
• Enhanced protections for victims of domestic abuse and coercive control.
• An opt-out system, allowing couples who do not wish to be covered by the new regime to formally exclude themselves.
More Protection When Relationships End
One of the biggest proposed changes is that courts could be given powers to make financial orders when a qualifying cohabiting relationship ends.
The aim is not to replicate divorce law but to provide protection where one person has suffered financial disadvantage during the relationship or would otherwise face significant hardship after separation
This could be particularly important for:
• Parents who have stepped back from work to care for children;
• Partners who have supported the other’s career or business;
• Those who have become financially dependent during the relationship; and
• Victims of domestic or economic abuse
Changes to Inheritance Rights
The proposals also address a problem that often catches families by surprise.
At present, if an unmarried partner dies without a valid Will, their surviving partner has no automatic right to inherit under the intestacy rules.
This can lead to stressful and expensive legal disputes at an already difficult time. The Government is consulting on giving eligible cohabiting partners automatic inheritance rights where a partner dies without leaving a Will, bringing them more in line with the reality of modern family life.
What Does This Mean for Couples Right Now?
The most important thing to remember is that these proposals are not yet law. For the time being, cohabiting couples remain in the same legal position as before.
That means if you are living with your partner and are not married or in a civil partnership, it is still sensible to consider:
• Entering into a cohabitation agreement that clearly sets out financial arrangements.
• Ensuring property ownership is properly documented.
• Making or updating wills to provide for one another.
• Seeking legal advice where substantial assets or children are involved.
These steps can provide clarity and protection regardless of whether the proposed reforms eventually become law.
A Step Towards Modernising Family Law?
The consultation has already generated considerable debate. Some believe the proposals are long overdue and reflect the reality of modern relationships. Others argue that couples who choose not to marry should not automatically acquire legal obligations.
Whatever your view, it is clear that cohabitation reform is firmly back on the political agenda.
If implemented, these changes could represent the most significant development in this area of family law for many years.
As the Government’s consultation progresses and further details emerge, the position for cohabiting couples may continue to evolve. Given the potential impact of any new legislation, staying informed will be essential for individuals and families affected by these changes.
We will continue to monitor developments closely and provide updates on any proposed reforms, consultation outcomes, and legislative changes as they become available on our social media platforms and in our blog. If you have any questions please to not hesitate to contact us.