The government has announced plans to strengthen the legal rights of cohabiting couples in England and Wales, potentially affecting more than 3.5 million people who live with a partner without being married or in a civil partnership.
Our family law expert has been speaking to BBC Radio Gloucestershire’s Nicky Price about the proposed rights for cohabitees. Click on the video above to listen to the full interview.
On 5 June 2026, proposals were published as part of the government’s major consultation on family law reform. If introduced, they would provide greater financial protection for unmarried couples when relationships end and when a partner dies.
What are the current legal rights of cohabiting couples?
Many people believe that living together for a long period creates a “common law marriage”, however this is not the case. In England and Wales, the legal rights of cohabiting couples who are unmarried are not the same as married couples or civil partners. If a relationship breaks down, there’s no automatic right to claim a share of a partner’s property, pension, savings or income, regardless of how long the couple have lived together.
This can leave one partner financially vulnerable, particularly where they have given up work to care for children or contributed to the family in ways that are not reflected in legal ownership of assets.
What is proposed under the reforms?
A new legal framework
The proposed framework could give unmarried cohabiting couples legal rights if they have lived together for at least three years or have a child together. Courts would also need to be satisfied that the couple were in an “enduring family relationship”. The suggested reforms could allow eligible cohabiting partners to make financial claims when a relationship ends, including claims relating to property and the proceeds of a house sale, savings and pensions. The consultation makes it clear that these rights would be different from those available on divorce.
The government says the intention is to provide protection for cohabiting couples while preserving the distinct legal status of marriage.
New rights when a cohabiting partner dies
Currently, unmarried partners do not automatically inherit from one another if there is no valid will, and this can lead to financial hardship and costly disputes.
The government is considering giving surviving cohabitants automatic inheritance rights where a partner dies without leaving a will, bringing greater protection to long-term partners and families.
Protection for vulnerable partners
A key aim of the reforms is to protect people who may be left financially disadvantaged after a separation. The consultation also considers whether courts should take greater account of domestic abuse, including coercive control and economic abuse, when making financial decisions.
The government has said that modern family law should better reflect how people live today, particularly as cohabiting couples are now one of the fastest-growing family types in the UK.
When is the law changing?
At this stage, nothing has changed. The government is seeking views on the proposals until 14 August 2026 before deciding whether to introduce legislation. Any reforms would still need to pass through Parliament before becoming law, however, the consultation is a significant step towards reform and signals a clear intention to provide greater protection for unmarried couples in the future.
What should cohabiting couples do?
While the law hasn’t changed yet, cohabiting couples shouldn’t assume they have the same rights as married couples. If you live with a partner, it may be sensible to think about property ownership, consider putting a cohabitation agreement in place, making or updating a will and seeking legal advice if you’re concerned about your financial position.
The proposed reforms may be some way off, but they are very much welcomed by family lawyers, and the consultation has reignited an important conversation about the legal rights of cohabiting couples and the protections available to modern families.
Our Legal 500 and Chambers-rated department can help with all aspects of family law. Our lawyers listen to your needs sensitively and fairly, providing clear, supportive and careful guidance to deliver the best outcome for you.
Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
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