Cohabiting couples and the law: is reform finally on the way?

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Cohabiting couples and the law: is reform finally on the way?

England and Wales has long had a reputation for fair outcomes on divorce. The same cannot be said for couples who live together without marrying. That disparity has persisted for decades — but a new government consultation suggests it may not last much longer.

The consultation

In June 2026, the Ministry of Justice published "A fairer end to relationships" — a wide-ranging consultation examining financial remedies on divorce and, for the first time in many years, the legal position of cohabiting couples. The proposals cover both separation and death.

Why this matters

Over 3.5 million couples in the UK currently live together outside marriage or civil partnership. That figure has more than doubled in thirty years and shows no sign of plateauing. Despite this, the law in England and Wales gives unmarried partners almost no financial protection when a relationship ends.

The gap is made worse by a persistent myth: that living together long enough creates a "common law marriage" with equivalent rights to a legal marriage. No such status exists in English law.

The proposals in brief

For couples who separate, the consultation proposes:

A defined category of "cohabitant" covering those in a committed, long-term, interdependent relationship
A three-year minimum qualifying period (no minimum where children are involved)
A two-year limitation period from the date of separation to bring a claim
Remedies based on needs alone — deliberately more limited than the divorce jurisdiction

For couples where one partner dies without a will, the proposals would bring qualifying cohabitants within the intestacy framework — a significant change from the current position where an unmarried partner may inherit nothing regardless of the length or nature of the relationship.

Autonomy preserved

The framework would be opt-out rather than opt-in. Couples who actively want to keep their finances separate — often where one or both partners has children from a previous relationship — could disapply the regime by agreement, subject to appropriate formalities.

The domestic abuse dimension

Financial dependency is a well-documented feature of abusive relationships. Giving cohabitants enforceable financial rights on separation could meaningfully improve the options available to those who have felt unable to leave due to economic control or fear of destitution. It is one of the most persuasive arguments in favour of reform.

Where things stand

The consultation is open and reform, if it follows, will take time. The law as it stands remains unchanged. Cohabiting couples should not wait for legislation before taking steps to protect themselves. A cohabitation agreement — setting out how finances and property will be dealt with during the relationship and on separation — remains the most practical and effective protection currently available.

To discuss your own circumstances, get in touch with our family team.

This article is intended for general guidance only and should not be relied upon as legal advice. Please contact our family law team for tailored advice.