Last Updated: 20 August 2026 I Reading Time: Approx. 6 minutes
Summary
The Government is considering significant changes to the law affecting cohabiting couples in England and Wales. Its consultation, A Fairer End to Relationships, proposed a new legal framework that could give certain unmarried couples greater financial protection when their relationship ends or when one partner dies.
The consultation opened on 5 June 2026 and closed on 14 August 2026. The Government has not yet introduced these proposed changes into law. Any reforms would require further decisions and legislation before they take effect.
For now, the existing law continues to apply. This means unmarried couples should not assume that living together for a certain number of years automatically gives them the same rights as married couples. There are practical steps couples can take now, including entering into a cohabitation agreement, considering how property is owned and making or updating a Will.
Quick answer
Could cohabitation law change in England and Wales? Yes. The Government has consulted on proposals that could give eligible cohabiting couples greater financial protection following separation and greater protection when a partner dies without a Will. The consultation closed on 14 August 2026, but the proposals are not currently law. Until any legislation is introduced, unmarried couples remain subject to the existing legal framework.
In this article
- Why is cohabitation law being reviewed?
- What is the current law for unmarried couples?
- What changes did the Government propose?
- Who could potentially benefit from the proposed reforms?
- What could happen when a cohabiting couple separates?
- What could change when a cohabiting partner dies
- Does “common law marriage” exist?
- What can cohabiting couples do now?
- How could a cohabitation agreement help?
Key takeaways
- Cohabiting couples do not currently have the same legal rights as married couples or civil partners.
- The Government’s A Fairer End to Relationships consultation proposed a new framework for certain cohabiting couples.
- The consultation closed on 14 August 2026.
- The proposed framework could potentially apply to couples who have lived together for at least three years, or who live together and share a child, subject to other eligibility requirements.
- The proposals could provide financial remedies following separation, but the framework would be narrower than the financial remedies available following divorce.
- The Government is also considering changes to inheritance protections for cohabitants where a partner dies without a Will.
- “Common law marriage” is a myth: living together does not currently create the same rights as marriage.
- A cohabitation agreement and an up-to-date Will can help couples establish greater certainty under the current law.
Why is cohabitation law being reviewed?
The way people form families has changed considerably over recent decades. Millions of couples now live together without marrying or entering into a civil partnership.
According to the Government, there are more than 3.5 million cohabiting couples in the UK, more than double the number three decades ago. Despite this, the legal protections available to unmarried couples remain significantly different from those available to married couples and civil partners.
The Government launched its A Fairer End to Relationships consultation in June 2026 to consider whether the law should provide greater protection for cohabitants when relationships end.
The consultation covered three connected areas:
- Financial remedies on divorce and dissolution
- Financial protection for cohabitants following separation
- Inheritance protection for cohabitants following the death of a partner
This article focuses on the proposed reforms affecting cohabiting couples.
Why does this matter?
The current law can leave one partner financially vulnerable after a long-term relationship ends.
For example, one person may have reduced their working hours to care for children, managed the household or supported their partner’s career. If the couple separates, those contributions do not automatically give that person the financial protections that may be available to a spouse following divorce.
The Government’s consultation specifically recognised concerns around financial vulnerability, unpaid caring responsibilities, children and domestic abuse, including economic abuse.
What is the current law for unmarried couples?
The most important point is that there is currently no “common law marriage” in England and Wales.
Living with someone for five, ten or twenty years does not automatically give either partner the same legal rights as a married person.
If an unmarried couple separates, there is generally no automatic entitlement to share the other person’s:
- Property
- Savings
- Investments
- Pension
- Income
The position will depend on the individual circumstances and the legal ownership of assets.
For example, if a property is owned jointly, the legal position will depend on how it is owned and any relevant agreement or declaration of trust. If a property is owned by one partner, the other partner does not automatically acquire an interest simply because they have lived there for many years.
This can make financial disputes between separating cohabitants complicated.
What did the Government propose?
The Government’s consultation proposed creating a new statutory framework for eligible cohabiting couples when their relationship ends.
Importantly, this would not simply give unmarried couples the same rights as married couples.
The Government said the proposed framework would be narrower than the financial remedies available on divorce, while providing a clearer level of protection for eligible cohabitants.
The proposed framework would apply automatically to qualifying couples, with an option for couples to opt out by mutual agreement, subject to safeguards.
Who could potentially qualify?
The Government proposed that the framework should apply to adults in a committed, romantic relationship who:
- Have lived together for at least three years, or
- Live together and share a child.
Other eligibility requirements would also apply.
This means the proposal would not simply apply to anyone who shares a home. The Government specifically wants to distinguish committed family relationships from arrangements such as sharing a property with friends or flatmates.
What could happen when a cohabiting couple separates?
Under the proposed framework, eligible cohabitants could potentially seek financial remedies where there has been a clear financial impact arising from the relationship.
The Government’s proposals are intended to recognise situations where one partner may have become financially disadvantaged during the relationship.
For example:
Sarah and Tom live together for eight years and have two children.
Sarah reduces her working hours to care for the children while Tom continues working full-time. Over the years, Tom’s earnings and pension increase significantly, while Sarah’s earning capacity and pension contributions are reduced.
Under the current law, Sarah does not automatically have the same financial claims available to a spouse simply because she has made those sacrifices.
The proposed framework is intended to provide a potential route to financial protection for eligible cohabitants in circumstances such as these.
However, this is a proposed reform, not the current law.
Would cohabiting couples get the same rights as married couples?
No.
This is an important distinction.
The Government has specifically proposed a framework that would be different and narrower than the financial remedies regime available following divorce.
The stated aim is to provide proportionate protection for eligible cohabitants while maintaining the distinct legal status of marriage.
Therefore, it would be incorrect to describe the proposals as simply introducing “divorce rights for unmarried couples”.
The exact scope of any eventual legislation will depend on the Government’s response to the consultation and any legislation subsequently introduced and passed.
What could change when a cohabiting partner dies?
The proposed reforms could also affect what happens when an unmarried partner dies.
Under the current intestacy rules, a surviving unmarried partner does not automatically inherit their partner’s estate simply because they have lived together for many years.
This can be particularly difficult where there is no valid Will.
For example, an unmarried couple may have lived together for 15 years, own a home together and have children. If one partner dies without a Will, the surviving partner does not automatically have the same intestacy rights as a surviving spouse or civil partner.
There may be other legal routes available in some circumstances, including a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but that can involve legal proceedings and uncertainty.
The Government is therefore also considering reforms to inheritance provision for cohabitants, including possible changes where someone dies without a Will.
Again, these are proposals rather than changes that are currently in force.
Does “common law marriage” exist in the UK?
No.
“Common law marriage” is a widely used term, but it does not describe a legal status that unmarried couples can acquire simply by living together.
You do not become legally equivalent to a married couple because you:
- Live together for a certain number of years
- Have children together
- Buy a home together
- Share household bills
- Have been in a relationship for many years
The legal consequences of cohabitation depend on the circumstances and the particular assets, property arrangements and agreements involved.
This is one reason why planning ahead can be particularly important for unmarried couples.
What can cohabiting couples do now?
The proposed reforms may eventually change aspects of the law, but couples should not wait for a change that may take time to become legislation.
There are practical steps you can take under the current law.
Consider a cohabitation agreement
A cohabitation agreement can set out how you and your partner intend to deal with your finances and property.
Depending on your circumstances, it could address matters such as:
- Who owns particular assets
- How the home is owned
- Contributions to mortgage payments
- Household expenses
- Financial responsibilities
- What should happen if the relationship ends
- How certain assets should be dealt with
The Government’s own consultation document recognises cohabitation agreements as a way of setting out property ownership, financial responsibilities and arrangements if a relationship breaks down.
A cohabitation agreement is not automatically legally binding in every circumstance, so obtaining appropriate legal advice when preparing one is important.
Make or update your Will
If you are unmarried, do not assume that your partner will automatically inherit your estate.
A valid Will can allow you to decide who should inherit your assets and can be particularly important where you:
- Own property
- Have children
- Have children from a previous relationship
- Have significant savings or investments
- Own a business
- Want to provide for your partner
- Have complicated family circumstances
The Government’s consultation highlights the current limitations faced by cohabitants under the intestacy rules.
Consider how your property is owned
If you own a property with your partner, it is worth understanding exactly how it is held and whether the ownership reflects your intentions.
Where appropriate, a Declaration of Trust may also be relevant to record beneficial ownership arrangements.
This can be particularly important where one person has contributed more towards the deposit, mortgage or purchase costs.
What happens next with cohabitation law reform?
The consultation closed on 14 August 2026.
At this stage, the Government has not introduced the proposed cohabitation framework into law. The Government has said it will consider the consultation responses before finalising its policy, with any reforms then requiring parliamentary time and legislation.
That means the current law remains important.
For cohabiting couples, the key message is simple: do not make financial decisions based on proposed reforms as though they are already law.
If you are concerned about what could happen to your home, finances or children if your relationship ends, obtaining advice based on the law that applies today can help you understand your position.
How GLP Solicitors Can Help
GLP Solicitors can advise individuals who are living together and want greater clarity about their legal and financial position.
Our family law team can assist with matters including cohabitation agreements, helping couples consider how property, finances and responsibilities should be dealt with during the relationship and if the relationship later breaks down.
We can also advise where a relationship has already ended and there is disagreement about property, finances or other arrangements.
Because every family’s circumstances are different, the appropriate legal solution will depend on factors such as property ownership, financial contributions, children, existing agreements and the overall circumstances of the relationship.
Where appropriate, advice about Wills and estate planning may also be important for unmarried couples who want to make sure their partner and children are properly provided for.
Frequently Asked Questions
No. Unmarried couples do not currently have the same legal rights as married couples or civil partners in England and Wales. Living together for a particular length of time does not create a “common law marriage”. The legal position will depend on factors such as property ownership, financial contributions, children and any agreements between the couple. The Government has proposed reforms that could strengthen protections for eligible cohabitants, but those proposals are not currently law.
The Government has consulted on a proposed new legal framework that could give eligible cohabiting couples greater financial protection when their relationship ends. The proposals could apply to couples who have lived together for at least three years or who live together and share a child, subject to other requirements. The consultation closed on 14 August 2026. No new cohabitation rights have yet come into force as a result of the consultation.
The Government has not proposed simply creating a “common law marriage”. Instead, its consultation proposed a separate and narrower statutory framework for eligible cohabitants. The Government has emphasised that any new protections should remain distinct from the legal consequences of marriage. Therefore, even if reforms are eventually introduced, they should not be described as making cohabiting couples legally identical to married couples.
There is no single rule that automatically divides property between unmarried partners. The outcome can depend on legal ownership, beneficial interests, financial contributions, any declaration of trust or cohabitation agreement, and the particular circumstances. This can make disputes more complicated than financial proceedings following divorce. If you own property jointly or one partner owns the property in their sole name, getting legal advice can help clarify your position.
Not automatically under the intestacy rules. If someone dies without a valid Will, a surviving unmarried partner does not have the same automatic inheritance rights as a surviving spouse or civil partner. Depending on the circumstances, a surviving cohabitant may have other legal options, including a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975. Making a valid Will is therefore particularly important for unmarried couples.
A cohabitation agreement is an agreement between unmarried partners setting out how certain financial matters and assets should be dealt with. It can cover matters such as property ownership, financial contributions, household expenses and what should happen if the relationship ends. Cohabitation agreements are not automatically legally binding in every circumstance, so professional legal advice is recommended when preparing or reviewing one.
There is no requirement for an unmarried couple to have a cohabitation agreement. However, being together for a long time does not automatically give you the legal rights of a married couple. A cohabitation agreement can provide greater clarity about property and finances and may help reduce uncertainty if the relationship ends. It can also be reviewed when circumstances change, such as after buying a home, having children or making significant financial investments together.
No. The Government’s consultation A Fairer End to Relationships closed on 14 August 2026. The Government must now consider the responses before deciding how to proceed. Any significant changes would require further policy decisions and legislation. Until that happens, the existing law continues to apply. Couples should therefore obtain advice based on their current circumstances rather than assuming the proposed reforms already provide legal protection.