Issue
Should Cohabiting Couples Have Greater Legal Protection?
The law surrounding unmarried couples in England and Wales could be set for a major change. The Government’s consultation, ‘A Fairer End to Relationships’, closed on 14 August 2026 after asking whether cohabiting couples should receive greater legal protection when relationships end. The proposals could affect millions of people who live together without marrying or entering a civil partnership.
Currently, cohabiting couples do not have the same legal rights as married couples or civil partners. There is also no legal status of 'common law marriage' in England and Wales. However, 47% of people wrongly believe that living together creates a “common law marriage”. More than 3.5 million couples were cohabiting in 2025, more than twice the figure 30 years ago.
What could change?
When married couples divorce, courts have wide powers to make financial orders. These can include orders concerning property, lump-sum payments, and ongoing financial support. Cohabiting couples currently have no equivalent system. Instead, they may have to rely on property and trust law, which was not designed specifically for relationship breakdown.
The Government proposes a new framework for eligible cohabitants. Courts could make financial or property orders where necessary to meet a former partner’s needs, with children’s needs given priority. Under the proposed system, courts could make several types of financial orders. For example, they could order one partner to pay the other a lump sum, transfer or sell a property, or share part of a pension. These orders would be designed to meet the financial needs of the former partners, particularly where one person is financially vulnerable. The needs of any child would be given priority.
However, the proposed system would be narrower than the financial system used when a married couple divorces. In divorce cases, courts can consider the principle of sharing the couple’s matrimonial assets as well as their financial needs. For cohabiting couples, the proposed framework would instead focus mainly on what each person needs to move forward financially. It would not mean that a couple's assets would automatically be divided equally. The Government also wants a “clean break” where possible, meaning that ongoing financial ties between former partners would end rather than continue indefinitely.
Who would qualify?
The proposed protection would not apply to everyone who shares a home. The couple would need to be in an 'enduring family relationship': essentially, a genuine and committed family relationship rather than simply being housemates.
Generally, couples would need to have lived together for at least three years. The three-year requirement would not apply where they have a child in the family.
What about inheritance?
Under current intestacy rules, an unmarried partner does not automatically inherit when their partner dies without a valid will. Spouses and civil partners have automatic rights, but cohabitants do not.
However, some cohabitants can already apply to court for financial provision from a deceased partner’s estate under the Inheritance (Provision for Family and Dependants) Act 1975. This is a court claim, not an automatic inheritance right. The Government is now considering reforms that could give qualifying cohabitants greater automatic protection under the intestacy rules and improve access to financial provision.
Why does the Government want change?
The Government argues that the law has not kept pace with modern family life. Limited financial protection can particularly affect people who have reduced their employment to care for children, as well as survivors of domestic abuse who may be financially dependent on a partner.
The proposals therefore aim to provide clearer protection while keeping marriage as a distinct legal status. Supporters say this could prevent financial hardship, while critics may argue that people who deliberately choose not to marry should not automatically face similar financial consequences.
What happens next?
The consultation closed on 14 August 2026, and the Government will now consider the responses before deciding how to develop its proposals. However, the proposals are not yet law. If the Government decides to proceed, the reforms would need to be introduced as legislation and considered by Parliament before they could come into force. The Government has said that any finalised reforms will be taken forward when parliamentary time allows, so there is currently no set date for implementation.
For now, the existing law continues to apply. The eventual rules may also differ from those outlined in the consultation, depending on the Government’s response and the legislation ultimately introduced.