The Government has launched a significant consultation on reforming the law for cohabiting couples...
The Government has launched a significant consultation on reforming the law for cohabiting couples in England and Wales. Published on 5 June 2026 and running for 10 weeks until 14 August 2026, the consultation seeks views on how the law should better protect unmarried couples when relationships end or when one partner dies. If implemented, the proposals could mark one of the biggest changes to family law in decades, giving greater financial protection to couples who live together but are not married or in a civil partnership.
Why is reform being considered?
Cohabiting couples are now a common family structure, but the law has not kept pace with the way many people live. The Government consultation recognises that more than 3.5 million couples live together without marrying or entering a civil partnership, yet many have very limited financial protection if their relationship ends. The Government has described the reforms as overdue and intended to meet the needs of modern relationships, particularly where one partner may be financially vulnerable.
A persistent misconception is that couples who live together for a long time acquire rights as “common law” spouses. In England and Wales, there is no such legal status and unless couples have made specific arrangements, their rights may be far more limited than they expect.
The consultation also forms part of the Government’s wider focus on tackling violence against women and girls, including the financial consequences that can arise when survivors of domestic abuse leave a cohabiting relationship.
The current law for cohabiting couples
At present, unmarried couples do not have the same legal rights as spouses or civil partners. If a cohabiting relationship breaks down, there is no equivalent statutory framework allowing the Family Court to divide money and property in the same way as on divorce. Instead, disputes are usually dealt with through civil law, particularly trust and property law, which can be complex, limited and difficult for separating couples to navigate.
Property disputes between cohabitants are commonly brought under the Trusts of Land and Appointment of Trustees Act 1996. The court can decide ownership, shares in a property or whether a property should be sold, but it cannot make the broader range of financial orders available on divorce, such as maintenance, pension sharing or lump sum provision for a former partner.
Where children are involved, child maintenance may be dealt with through the Child Maintenance Service. In some cases, an application can also be made under Schedule 1 to the Children Act 1989, but those orders are for the benefit of the child rather than the former partner.
The position can also be difficult on death. If one partner dies without a valid Will, the surviving cohabitee does not automatically inherit under the intestacy rules, even if the couple lived together for many years. As such, a claim may need to be brought under inheritance legislation, which can be stressful, uncertain and costly.
What is the Government consulting on?
The consultation considers how a fairer framework could be created for eligible cohabitants while preserving marriage and civil partnership as distinct legal relationships. The Government has indicated that any new framework would offer cohabiting couples a separate set of rights from married couples, rather than simply extending divorce law to unmarried partners. The key areas under review include:
- Financial claims on separation: whether qualifying cohabitants should be able to apply for financial remedies when a relationship ends.
- Property and housing: whether the court should have clearer powers to address housing needs and contributions made during the relationship.
- Inheritance rights: whether surviving cohabitants should have automatic rights if a partner dies without leaving a Will.
- Domestic abuse and economic abuse: whether courts should consider abuse when deciding financial outcomes for both cohabitants and divorcing couples.
- Clear eligibility rules: the Government is proposing that cohabitants should have lived together for at least three years or share a child to access the framework, with courts also needing to be satisfied that the couple were in an enduring family relationship.
- A needs-based framework: the court would focus on meeting defined financial needs rather than applying the sharing principle used on divorce, with children’s needs considered first.
- Available remedies: the court could have access to orders such as property adjustment, lump sum payments and pension sharing, although outcomes would not be intended to mirror divorce awards.
- Opting out: qualifying couples would be covered by default, but could opt out by agreement if statutory safeguards are met, including financial disclosure and independent legal advice.
The proposed framework would be deliberately narrower than divorce. Legal ownership would be the starting point, there would be no automatic equal sharing of relationship assets, and any maintenance for former cohabitants would generally be limited to exceptional circumstances and for a fixed period.
What could this mean for unmarried couples?
If reform follows, cohabiting couples may gain stronger legal protection when a relationship ends or when one partner dies. This could provide a safety net for financially vulnerable partners, including those who have reduced their working hours, cared for children, contributed to the home, or relied on the other partner financially. The consultation also suggests that individuals may be able to access a share of a house sale in appropriate circumstances to help secure their financial future after separation.
The consultation proposes that children’s welfare should come first when the court considers financial provision for eligible cohabitants. The court would then look at the partner’s own needs, including housing, capital, income and pension needs, so far as resources allow. Discretionary or luxury needs would be excluded, reinforcing the distinction between cohabitation and marriage.
The Government is also consulting on a two-year time limit for bringing a financial claim after a cohabiting relationship ends. This is intended to provide certainty and finality, while still giving separated partners time to take advice and consider whether an application is needed.
A further proposal is to give bereaved unmarried partners automatic inheritance rights where their partner dies without leaving a Will. This would be a significant change from the current position and is intended to reduce uncertainty and hardship at an already difficult time.
However, the consultation does not mean that the law has changed yet. The Government will consider responses before finalising policy, and any reforms will only take place when parliamentary time allows. Until any new legislation is passed, cohabiting couples should assume that the current rules still apply. Couples who want clarity should consider putting appropriate arrangements in place now, rather than waiting for reform.
What should cohabiting couples do now?
Anyone living with a partner, or planning to do so, may wish to review their legal position. Practical steps can include:
- making or updating a Will;
- considering a cohabitation agreement;
- reviewing whether any cohabitation agreement should include clear opt-out provisions if the proposed framework becomes law;
- recording how property is owned and what each partner has contributed;
- keeping records of financial contributions, mortgage payments, renovation costs and arrangements for household expenses;
- checking whether life insurance, pensions and death-in-service benefits name the intended beneficiary;
- taking advice before buying a property together or contributing to a home owned by one partner.
If you are unsure where you stand, early advice can help you understand your options and avoid uncertainty later on.
How can we help
If you would like advice on your cohabitation rights or would like to discuss your situation more generally, please contact our Family Team on 01689 887887 or email cwj@cwj.co.uk.