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:

  1. 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
  2. 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:

Cohabitation Agreements Unmarried And Claiming A Share Of The House
Unmarried Couples & House Ownership Recovering A Loan From A Cohabiting Partner
Cohabitation Agreements & Businesses Cohabitees Dividing Ownership Of Assets
Cohabiting As A Pet Owner Cohabitees Promised Money An Your Ex
Unmarried Couple Financial Protection Unmarried Couples & Separation Agreements

 

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Co–Habitation Scenario

The scenario below does not relate to any individual clients of ours but the facts and the outcomes relate to some similar experiences in our practice.

The Scenario

Mr R separated from his partner of 10 years with whom he had a five year old son. Their apartment was in her name. This came about because he was working abroad when they began their relationship. He paid half the purchase price into his partner's account and she completed the purchase paying the other half. Now she had the property up for sale.

Our Solution

We took detailed instructions and put a block on the title. We then located the evidence to prove his claim. He offered to buy out his partner but she then insisted the apartment was worth more than the price she had been offering it for sale. We issued an application following which the property was professionally valued and Mr R bought the remaining half share. She then refused to let Mr R see their son. We obtained a declaration of parental responsibility and visiting rights for Mr R.

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About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

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Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

Partner

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

Partner

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Partner

Ella Welsby

Known for her sensitivity and discretion combined with significant expertise, Ella advises on all family issues including high-value and multi-jurisdiction divorce and complex financial and children matters.

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Gemma Garrett

Based in Horsham, Gemma is a specialist advising on all areas of family law including divorce and separation (often involving jurisdiction issues), complex financial matters, and children matters.

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Alicia Cenizo

Alicia is a Partner in the family team and advises on all elements of family law, particularly private children work, including matters with an international element such as relocation.

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Rachel Osgood

Rachel specialises in financial claims on divorce and separation with a particular emphasis on high value cases and those involving inheritances, family businesses and claims by adult children.

Partner

Nisha Tayal

With over 20 years of expertise in family law, Nisha specialises on all aspects of relationship breakdown and is trusted by clients for her discreet, tailored advice.

Family Director (filex)

Natalie Matthews Bunting

Natalie is a specialist in divorce and financial remedy, including high value cases involving multiple pensions, multiple properties and multiple businesses.

Senior Associate

Lauren Blythe

Lauren is a highly regarded specialist family law solicitor, based at our Guildford office. She advises on divorce, family finances, children matters, domestic abuse, cohabitee issues, and relationship agreements.

Senior Solicitor

Susan Hayes

Susan qualified as a solicitor in 1992 and is based at our Brighton office. She is a longstanding member of the Law Society Specialist Children Panel and Family Law Panel. Susan is also a trained Collaborative Lawyer.

Associate

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She specialises in family law, advising on divorce, civil partnerships, financial matters, and children issues.

Associate

Alice Barrett

Alice advises and supports clients on a range of family law matters including divorce, separation, financial remedy, private children matters and emergency applications.

Associate

Amelia Groom

Amelia has experience across a full range of family matters, including divorce, complex disputes regarding finances that range from trusts through to cryptocurrencies, and arrangements for children.

Associate

Natalie Higham

Natalie is a Family Legal Executive who advises individuals on divorce, separation, financial remedies available to them on the breakdown of their relationship, and children matters.

Associate

Katie O'Kelly

Katie advises on a wide range of family law matters including co-habitation, divorce and separation, financial remedies, and private children law matters.

Solicitor

Sophie John

An experienced solicitor, Sophie advises on matters relating to divorce, financial separation in both marriages and cohabiting relationships and children arrangements.

Solicitor

Alex Robinson

Alex supports the family team on a variety of matrimonial and Children Act matters that are often complex and with an international element.

Paralegal

Michelle Davies

Part of the Family Law team, Michelle supports on a variety of cases involving divorce, finances, children matters and day to day enquiries.

Paralegal

Isabelle Basson

Isabelle is responsible for following up day-to-day enquiries, administrative case management and generally supporting the Family team fee-earners.

Paralegal

Amelia Mahraj

Amelia is responsible, in her current role, for dealing with day-to day enquiries, administrative duties and supporting fee earners.

Paralegal

Aimee Atalay

Aimee provides dedicated support to the Family and Contentious Probate teams across a diverse range of matters. Aimee studied Law and Criminology at the University of Kent.

Paralegal

Izzy Minor

Izzy Minor is a Paralegal in the Family Team, supporting fee earners, and is a qualified Advanced CILEx Paralegal (MCILEx), holding a Diploma in Law and Practice.

Paralegal

Madison Bryant-Pollins

Madison provides dedicated support to the Family and Contentious Probate teams, including case management and the provision of clear, empathetic assistance to clients.

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Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

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Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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