For decades, family lawyers have flagged a glaring gap in English and Welsh law: cohabiting couples — the fastest-growing family type in the UK — have almost no financial rights if their relationship ends. That may be about to change.
On 5 June 2026, the Ministry of Justice launched a public consultation titled “A fairer end to relationships”, proposing significant reform to the rights of unmarried couples, both on separation and on death. You can read the full consultation here.
The problem with the current law
There are now 3.5 million couples in the UK living together outside marriage or civil partnership — more than double the figure from thirty years ago. Yet English law offers them virtually nothing when things go wrong. There is no concept of a “common law spouse” carrying legal weight. A partner who has spent years raising children, supporting a career, or contributing to a home can be left with little or no financial recourse on separation.
This is compounded by a widespread misconception that simply living together creates the same rights as marriage. It does not.
What the consultation proposes
The consultation covers two scenarios: separation and death.
On separation, the key proposals are:
- A new legal definition of “cohabitant,” limited to those in an enduring, committed, interdependent relationship (not, for example, siblings sharing a home)
- A minimum qualifying period of three years’ cohabitation — waived where there is a child of the family
- A two-year window to bring a claim after separation
- Financial remedies based on needs — deliberately stopping short of the broader discretion available on divorce, to preserve a meaningful distinction between marriage and cohabitation
On death, the proposals would reform the intestacy rules so that a qualifying cohabitant is recognised — addressing the injustice where a long-term partner inherits nothing simply because the couple never married.
Opting out
Crucially, the framework would be opt-out rather than opt-in. Couples who wish to preserve complete financial independence — for instance, those protecting assets for children from a previous relationship — would be able to disapply the regime by agreement, subject to formalities similar to a nuptial agreement.
Domestic abuse
One of the strongest arguments for reform is its potential impact on domestic abuse victims. Financial dependency and economic abuse can trap people in relationships they cannot safely leave. Giving cohabitants enforceable financial rights could provide a genuine route to independence.
What this means for you
The consultation closes in due course and reform — if it proceeds — will take time to reach the statute book. In the meantime, the law remains as it is.
If you are living with a partner outside marriage, you should take advice now on the protections available to you. A cohabitation agreement can regulate your financial arrangements during the relationship and on separation, and is the most effective step you can take while waiting for the law to catch up.
Do You Need a Cohabitation Agreement?
Although the proposed reforms may signal a significant shift in the rights of unmarried couples, the law in England and Wales has not yet changed.
If you are living with a partner and are unsure what legal protections you currently have, taking advice now can help you understand your position and avoid costly disputes in the future. This can be particularly important where property ownership, financial contributions, children or inheritance planning are involved.
A cohabitation agreement remains one of the most effective ways of providing certainty and protecting both parties’ interests while the law continues to evolve.
Our family law team in Kingston upon Thames regularly advises individuals and couples on cohabitation agreements, property disputes, separation and wider family law issues. Whether you are moving in together, reviewing existing arrangements or concerned about your rights if a relationship ends, we can provide clear, practical advice tailored to your circumstances.
If you would like to discuss your position, contact us to arrange a confidential consultation with a member of our family law team.
