Law firm urges cohabiting couples to act amid reform consultation addressing gap between law and modern life

Family law experts at Slater and Gordon are calling on unmarried couples who live together to review their legal arrangements as the UK Government launches a major consultation on reform that could reshape rights for millions.

England and Wales are on the brink of the most significant shift in family law for decades after the Government launched a formal consultation on 5 June proposing major reforms to strengthen rights of cohabiting couples.

These couples are the fastest-growing family type in the UK, rising from 1.5 million in 1996 to around 3.5 million today and representing 18% of total UK families. Many have children, shared finances and joint assets. Yet they enjoy few of the protections afforded to married couples as current laws have failed to keep pace, do not reflect modern relationships, are outdated, unfair and leave financially vulnerable partners, particularly women, at risk.

Despite widespread belief, there is no such thing as a ‘common-law marriage’ in England and Wales. This means cohabiting partners have no automatic rights to each other’s property, pensions, financial support or savings if they separate, regardless of how long they have lived together or whether they have children. Or, if one dies without a will, the surviving partner is not automatically entitled to inherit anything. This legal gap leaves many, particularly the financially dependent, women and those who have taken on caregiving roles, exposed to hardship following bereavement or separation.

Government proposals include:

• Financial remedies for cohabiting couples following separation, including potential share of a house sale or other assets, where one partner is financially dependent.
• Automatic inheritance rights for surviving partners if their partner dies without a will
• Stronger protections for victims of domestic and economic abuse when dividing finances to protect survivors who are often left financially trapped
• Making prenuptial and postnuptial agreements legally binding, bringing clarity and certainty for couples who want to set out their financial arrangements in advance.

Eligibility criteria, such as a minimum period of living together or having children, are also likely to form part of any future reform.

The most important thing to understand is that nothing has changed yet. The consultation remains open until August and any reforms would require legislation before becoming law.

Slater and Gordon now is urging cohabiting couples to take proactive steps to protect themselves by seeking legal advice early and not to wait to review their current arrangements.

They should:

• Document financial contributions, especially if one partner pays more towards the mortgage or renovations.
• Make a will, the only way to ensure your partner inherits under current law
• Consider a cohabitation agreement, a legally recognised contract to clarify property and asset ownership and how finances will be handled following separation.

Andrew Ormrod, Senior Associate Family Law Solicitor at Slater and Gordon, said: “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.”