The 2026 announcement that the government was beginning a detailed consultation in cohabitation law reform shows that fundamental changes to the law in this area are now firmly on the political agenda.
We look at what is proposed below and consider how reform of the law may affect the legal position of unmarried partners who have been living together but have decided to separate.
The danger of the common law marriage myth
Many cohabiting couples continue to believe that, by living together for a number of years, they acquire some degree of rights over each other’s property and assets. And that these can be enforced if they split up. Unlike a marriage or civil partnership, cohabitation confers no such rights. Someone who is married can rely on specific, robust legislation, including The Matrimonial Causes Act, to seek financial remedies on divorce. A cohabitee in a similar position cannot. While child maintenance is recoverable in the usual way through the Child Maintenance Service, maintenance for a partner and other remedies can only be obtained through reliance on a complex combination of trust and property law.
A fairer end to relationships: government proposals for reform
The government’s 2026 formal consultation document, ‘A Fairer end To Relationships’ brings together three areas of family law it believes are ripe for reform. The first two of these are:
- The law of financial remedies on divorce and dissolution – the government suggests codifying the existing case law on the principles of ‘needs’ and ‘sharing’ so that divorcing couples have a clearer idea of what they might expect in any settlement than they do at present. The hope is that this will reduce the costs and delays associated with divorce and reduce animosity between the parties
- The law for cohabitants on intestacy – to address the existing situation where cohabitants have no automatic right to inherit when a partner dies without a will
We consider the third area, reforming the law for cohabitants on separation in more detail below.
Reform of the law for cohabitants on separation
In its introduction to the formal consultation document the government confirms its commitment to ‘supporting and protecting all types of families’. It acknowledges that even though the way people form families in England and Wales has changed radically in the past 25 years the law has not kept up with this new reality. This means no legal rights and financial hardship for many. The number of couples living together without getting married has doubled in three decades and is now in the region of 3.5million. The consultation is intended to begin the process of building a legal framework that addresses these shortcomings by strengthening the rights available to cohabitees on separation and to those unmarried individuals who have been bereaved by the loss of their partner.
The proposals
Underpinning the proposals are the key objectives of protecting children and the financially vulnerable – in particular survivors of domestic abuse. There is also a clear desire to protect the institution of marriage. Specific proposals and approaches include:
- That financial and other claims should only be available to cohabitees in ‘committed, romantic’ relationships if they are of more than three years duration, or where a couple who live together have a child. In the same way that shorter marriages tend to result in lesser financial awards, so claims by cohabitants in shorter relationships are likely to attract more limited financial awards
- Couples should be able to opt out of any protections that are ultimately introduced
- The needs and welfare of children will be of paramount consideration in all cases, in the same way as in divorce
- The starting point for division of assets should be legal ownership. This means each individual will retain what is theirs. Courts will only depart from this principle to meet clearly defined needs. The sharing principle that applies in divorce financial remedy proceedings will not apply to cohabitants
- The framework for cohabitant claims will be ‘needs-led’. This is a crucial aspect of the proposals. It means that while the financial remedies available to cohabitees may be the same as those available to divorcing couples, potential awards may well be less generous. ‘Needs’ for cohabitees will be more narrowly defined. It’s proposed for example, that judges will not be able to bring discretionary needs into account when reaching decisions
- Cohabitants should not expect to receive a settlement that is greater than someone divorcing in similar circumstances might achieve
- For cohabitee financial claims the government intends to implement a much greater focus on achieving clean break financial settlements
Relationships are changing
The proposals for reform of the law relating to cohabitees have been welcomed by many family law groups and family lawyers. The need to reform the law is underscored by the results of a British Social Attitudes Survey, referred to in the consultation document, showing that 46% of people believe that ‘common law’ marriage exists. It follows that many cohabitants believe that if their relationship ends, they will have recourse to the courts to resolve disputes over property and finance.
It is also important to note that even if the proposals are implemented as the government intends, they are unlikely to give cohabitees the same rights as married couples. As we’ve mentioned, preservation of the distinctive character of marriage is a key feature of the proposals. Additionally, the exclusion of the sharing principle from potential claims by cohabitees means awards to cohabitees are likely to be more restrictive that those for divorcing couples.
Finally, the process of reform is at the initial stages. It still remains the case that cohabitees should always consider a cohabitation agreement to protect their interests should the relationship fail.
More information for cohabiting couples:
Or call us: +44 (0)20 7430 8470