A fairer end to relationships – What the cohabitation reform really means for unmarried couples

What is happening?

On 5 June 2026, the UK government launched a major consultation exploring how family law should better reflect modern life, particularly for couples who live together but aren’t married. It reflects a growing recognition that the law hasn’t kept pace with how people live today and that this gap may now be addressed through some of the biggest changes to family law in decades. The consultation is open until August and could lead to reforms that reshape the rights of millions of cohabiting couples across England and Wales.

Why does this matter?

Cohabiting couples are the fastest-growing family type in the UK, increasing from 1.5 million in 1996 to around 3.5 million today and accounting for roughly 18% of all families. For many couples, life looks and feels the same as marriage, sharing a home, raising children and building a future together. But legally, there is still a clear difference. Marriage and civil partnerships come with built-in rights and protections, while cohabiting couples don’t automatically have the same level of security.

What does this mean in practice?

A lot of people still believe in the idea of a “common-law marriage”, but in England and Wales this doesn’t exist. This can come as a surprise, especially for couples who have been together for many years. It means:

• There are no automatic rights to property, pensions or savings if you separate
• There is no automatic right to financial support from your partner
• If your partner dies without a will, you’re not automatically entitled to inherit

This gap in the law can have a real impact at difficult moments, particularly for those who are more financially dependent or who have taken on caring responsibilities, such as raising children. In many cases, that disproportionately affects women.

What are the risks if nothing changes?

For many couples, this only becomes an issue when something goes wrong. A relationship ending or the loss of a partner can already be a difficult time. Without clear legal protections in place, it can also bring uncertainty about finances, housing and long-term security.

What is the government proposing?

The consultation is looking at whether more formal protections should be introduced for cohabiting couples, including:

• Financial claims when a relationship ends, particularly where one partner is financially dependent
• Inheritance rights for surviving partners
• Stronger protection for those affected by domestic or economic abuse

Any changes would likely come with criteria, for example, a minimum time living together or having children together. Importantly, the aim is not to make cohabitation the same as marriage, but to provide clearer, more proportionate protection in certain situations.

Have the rules changed yet?

No and this is important to be aware of. The consultation is still ongoing and closes in August 2026. Any changes would need to go through legislation before becoming law and for now, the current legal position remains the same.

What should cohabiting couples do now?

There’s no immediate action required, but this is a good moment to pause and think about whether you have the right protections in place. Many couples only realise what the law does (or doesn’t) provide when they’re already dealing with a separation or bereavement. Taking a few simple steps earlier can help avoid uncertainty later.

That might include:

• Keeping a clear record of financial contributions, especially towards a shared home
• Putting a will in place so your partner is provided for
• Considering a cohabitation agreement to set out how finances and assets are shared

These steps don’t need to be complicated, but they can help give both partners peace of mind.

Expert view

Andrew Ormrod, Senior Associate, Family Law Solicitor says: “Due to the myth of ‘common law marriage’ people assume that living together gives them similar rights to marriage, but it does not. Couples can spend years building a life together and still have no legal safety net if that relationship ends or their partner dies. The reality is very different and until the law changes, cohabiting partners remain extremely vulnerable.

“The law has not kept pace with how people form families today, but this consultation is a clear signal from government that the current system is outdated and, in some cases, deeply unfair.

“But it’s important to remember that for now the law remains unchanged and the biggest risk is assuming you’re protected. Until the law changes, couples must take proactive steps to protect themselves.”