The law relating to cohabiting couples in England and Wales has long been criticised for failing to reflect modern family life. With many couples choosing to live together without getting married or entering a civil partnership, pressure has increased on governments to reform a legal framework that many commentators regard as outdated.
In June 2026, the government launched a consultation on cohabitation reform, indicating the most significant review of cohabitants’ rights in a generation. The consultation seeks views on how greater legal protection can be provided to unmarried couples whilst maintaining the distinct legal status of marriage and civil partnership.
The Current Legal Position
Under the current law of England and Wales, cohabiting couples do not enjoy the same legal rights and responsibilities as married couples or civil partners. Despite the belief in the concept of a “common law marriage”, no such legal status exists. The fact that a couple has lived together for many years does not automatically give either party rights to the other’s property, pension, savings or income upon separation.
When a cohabiting relationship breaks down, disputes concerning property ownership are generally determined by property law rather than family law. A partner who is not a legal owner of the family home may have to establish a beneficial interest through complex trust law claims, often involving arguments about financial contributions or shared intentions. Litigation in this respect can be expensive, uncertain and difficult to pursue.
Limited remedies are available where children are involved. Schedule 1 of the Children Act 1989 permits applications for financial provision for children, including housing arrangements, but these claims are focused on the child’s needs rather than providing long term financial support for the former partner.
The position following death is also different from that of married couples. Cohabiting partners do not automatically inherit under the intestacy rules. Unless a valid will exists, a surviving partner may need to pursue a claim under the Inheritance (Provision for Family and Dependents) Act 1975.
The 2026 Consultation
The government’s 2026 consultation represents a significant policy shift. The consultation seeks views on strengthening the legal rights of cohabiting couples while preserving marriage as a distinct legal institution.
Although the consultation process remains ongoing, reports indicate that the government is considering an opt-out framework under which certain cohabiting couples would become eligible for legal protection after meeting certain criteria. Proposed eligibility requirements may include living together for a minimum period, such as three years, or having a child together. Courts would also need to be satisfied that the parties were in an enduring family relationship.
The consultation explores whether eligible cohabitants should be able to seek financial remedies upon separation, including claims relating to property and other assets. It also considers whether surviving cohabitants should receive greater protection following the death of a partner, particularly in cases where no valid will exists.
Another significant aspect of the consultation concerns domestic abuse. The government has indicated that any future framework may take account of coercive and controlling behaviour, economic abuse and other forms of domestic abuse when determining financial outcomes. This reflects broader developments in family law and an increasing recognition of non-physical forms of abuse within intimate relationships.
Conclusion
The 2026 consultation marks a potentially transformative moment in the development of family law in England and Wales. For many years legal reform has lagged behind changing social patterns and family structures.
No new laws have been formally passed as of yet. Unmarried couples still lack the automatic financial and property protections granted to married couples or civil partners. To bridge this gap many family solicitors encourage unmarried couples to put a cohabitation agreement in place, formalising property ownership status (e.g. specifying joint tenants versus tenants in common) as interim protection.
The current law provides limited protection for cohabiting couples and often produces outcomes that are perceived as unfair, particularly where one partner has suffered economic disadvantage during the relationship.
The government has now prioritised long overdue changes. The Ministry of Justice (MoJ) and the Law Commission are focusing on key areas that would reshape family law. The proposed legal changes are statutory financial schemes, transitional maintenance, bereavement and inheritance and legally binding cohabitation agreements.
While the final shape of the legislation remains uncertain, the consultation demonstrates a clear willingness by the government to revisit a long-standing area of concern. Whether reform ultimately takes the form of an opt-out scheme, enhanced inheritance rights, financial remedies on separation, or a combination of these measures, the outcome is likely to have significant implications for many cohabiting couples. The consultation therefore represents an important opportunity to shape the future legal framework governing modern family relationships.
How can we help?
If you are living with a partner and would like advice on your current legal position, our family law team can help. Whether you are considering a cohabitation agreement, reviewing property ownership arrangements, or seeking guidance on your rights following separation, we can provide clear and practical advice tailored to your circumstances.
Contact us today to discuss your situation with one of our specialist family solicitors on 0203 400 8000 or email us at family@tvedwards.com.
