New rights for unmarried couples: is legal reform finally on the horizon?

Justin Creed, legal director in Lodders’ Family law team, discusses potential legal reforms designed to meet the needs of modern relationships and provide unmarried couples with greater financial security.

Currently, couples who live together but are unmarried have few legal rights if they separate or one dies without a will. But last month, the Ministry of Justice launched a ten-week consultation on proposals that would change this for people living in England and Wales.

Under the proposals, in the event of a relationship breaking down, one partner could be entitled to a lump-sum payment from the other. If one partner passes away, the other would be able to inherit their assets in certain circumstances.

“Common law marriage” myth

For many years, family lawyers have been saying the same thing to unmarried couples: despite what many people believe, there is no such thing as a “common law marriage” in England and Wales.

It is information that often comes as an unwelcome surprise. Couples may have lived together for many years, raised children, bought a home and built their lives together, yet if their relationship breaks down, the law offers them far less protection than they may have expected.

Last year, we looked at the growing need for reform in this area. At that stage, there was political commitment to revisit the law, but no clear indication of what reform might look like. This has now changed.

The Labour government has launched its long-awaited consultation on “a fairer end to relationships”, marking the first real opportunity in almost two decades to modernise the law for unmarried couples. Whilst this is only the beginning of the process, it represents the strongest indication yet that meaningful change could finally be on the way.

Why is legal reform needed?

The law has struggled to keep pace with modern family life. Today, more than 3.5 million couples in England and Wales live together without marrying or entering a civil partnership, making cohabiting couples the fastest growing family type. Many have children, own property together and combine their finances in much the same way as married couples. Yet, if those relationships end, the legal position remains remarkably limited.

Unlike married couples, cohabitants cannot ask the court to redistribute assets according to fairness. There is no right to seek a share of pensions, no general entitlement to maintenance and, in many cases, no automatic claim over property unless legal ownership or beneficial interest can be established.

As a result, many separating couples find themselves relying on an often-complicated mixture of trust law and property law rather than a dedicated family law framework.

What is the government proposing?

Importantly, the consultation does not propose giving unmarried couples exactly the same rights as married couples. Instead, it seeks views on creating a separate legal framework designed specifically for cohabiting relationships.

Although the detail has yet to be decided, the government is consulting on a scheme that would broadly follow many of the recommendations made by the Law Commission back in July 2007.

One proposal is that the new protections would apply only to couples who have lived together for a minimum qualifying period or have a child together. There is also discussion about allowing couples to “opt out” if they do not wish for the new legal framework to apply to their relationship.

Rather than creating an automatic right to half of everything, any future scheme is likely to focus on addressing unfair financial disadvantage arising from the relationship. This would represent a significant shift in the law, whilst still recognising the distinction between marriage and cohabitation.

Importantly, the consultation is also exploring whether courts should give greater weight to the impact of domestic abuse, including controlling or coercive behaviour or economic abuse, when reviewing finances for married couples and cohabitants.

What could this mean in practice?

If legislation eventually follows, it could provide greater protection for those who have made significant contributions during the relationship but currently have no legal recourse.

For example, someone who has given up their career to raise children, supported their partner’s business, or contributed towards improving a property owned solely by their partner may have greater ability to seek financial redress when their relationship ends.

The government is also consulting on proposals that would improve inheritance rights for surviving co-habitants where a partner dies without leaving a will. This is another area where the current law can produce particularly harsh outcomes.

The law has not changed – yet

It is important to remember that these are still proposals.

The consultation closes on 14 August 2026, and the government will then consider the responses before deciding whether to introduce legislation. Even if reform proceeds, it is likely to be some time before any new laws come into force.

For now, the existing legal position remains exactly the same.

• There is no common law marriage.
• Living together does not automatically create financial rights.

Many people remain surprised to discover this only when the relationship breaks down, by which point it can be much more difficult – and expensive – to resolve matters.

What should unmarried couples do now?

Whether reform eventually arrives or not, the consultation serves as a useful reminder that cohabiting couples should think carefully about protecting themselves.

A cohabitation agreement can provide certainty about how finances, property and other assets will be dealt with if the relationship ends.

Similarly, ensuring the property ownership reflects each person’s intentions, making a will, and taking advice before making significant financial decisions can all help avoid uncertainty later.

These conversations are not always easy to have, but they are often far easier than dealing with the consequences of an unexpected separation.

Looking ahead

For family lawyers, the launch of this consultation feels like a genuinely significant moment. The reform of cohabitation law has been debated for many years, but successive governments have not acted.

Whether these proposals ultimately become law remains to be seen. There will undoubtedly be differing views about where the balance should be struck between protecting vulnerable partners and preserving the distinct legal stages of marriage.

What seems increasingly difficult to ignore, however, is that family life has changed considerably over the last two decades. The law has not.

If reform can provide greater certainty and fairness for families whilst still respecting individual choice, it is likely to be welcomed by many.

Legal advice for unmarried couples

In the meantime, the message for unmarried couples remains unchanged: do not assume that living together gives you the same legal rights as marriage. If you are unsure about your position, taking advice early can help you understand your options and avoid unpleasant surprises later.

The specialist Family law team at Lodders provides expert advice on cohabitation agreements. These agreements can provide reassurance and help cohabiting couples avoid legal disputes if the relationship ever breaks down. Get in touch with the team today.