What do unmarried couples with children need to know about the upcoming cohabitation change?

In the UK, there are currently around 3.5 million families cohabiting, representing nearly a fifth of all UK families. Annually this number rises, with fewer couples choosing to marry before taking the step to live together.

Last month, the government announced its latest reform to cohabitation, launching a 10-week consultation on proposals for cohabitants in England and Wales.

Currently, despite a much-held belief there is no common-law marriage. Unmarried couples, despite sharing children, lack legal rights in comparison to those who are married - ultimately leaving couples financially and legally exposed.

As Andrew Ormrod, senior associate family lawyer, explains: “Cohabitating couples do not have the same legal status as those who are married. Those living together are legally treated as two separate persons, even if the couple have built a family life raising their children together. They do not enjoy the same rights afforded to those who are married or in a civil partnership.

“Without this knowledge or awareness, it can come as a shock to discover there are certain rights that are exclusive to marriage when certain life events happen, such as separating when a relationship ends, or following the death of a partner. Where children are involved, this can create further anxiety at an already emotional time.”

When unmarried parents separate, the law prioritises the needs and welfare of the children, rather than the financial protection of either parent. Both parents remain legally obliged to support their children through child maintenance, but there are no automatic rights to a partner’s savings, pension, income or other financial assets.

Property rights are also limited and are dependent on ownership or strict property law principles and establishing a ‘Trust’. Under joint ownership, both individuals have rights to the property. However, if one person solely owns the home, the non-owner will have to demonstrate a beneficial interest through financial contributions to the property and their conduct toward the property. The burden is on them to prove they have an interest in the property.

Risks are heightened further following the death of a partner, as cohabiting partners are not automatically entitled to inherit from one another even having built a family life. Any assets, such as property, pension or finances are likely to pass to their children or other relatives, unless alternative arrangements have been made through a valid will. Similarly, partners have no automatic authority to make medical decisions if one becomes incapacitated.

Andrew says: “There is an assumption for many unmarried cohabitating couples that they are protected if they share children, which is not the case. There are very few rights for cohabitating couples. While some protections can be put in place, this requires the couple to be proactive and think about their future should it take a different path.”

Before moving in, unmarried partners with children can consider:

• Create a formal cohabitation agreement to establish how finances, savings, property and other applicable assets may be distributed following separation
• Create a will, to clarify how a person's assets will be divided in the event of their death, such as to their children
• Clarify property ownership through a declaration of trust to formalise financial contributions and what will happen in the event of a separation
• Consider life insurance for financial security.

However, cohabitation law could soon change for the better. In June 2026, the Government announced a new consultation regarding reform that will enable cohabitating couples with children to acquire further rights without marriage. The reform, if adopted, will mean modern families can feel more secure and confident that their families will be protected.

Eligibility criteria will be determined by the length of time a couple have cohabited, likely three years, as well as if the couple share any children together.

Andrew adds: “The proposed changes will particularly benefit unmarried couples with children. Couples can spend years building a family life together and yet have no legal safety net if that relationship ends or their partner dies.

“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, families must take proactive steps to protect themselves.”