Millions of cohabiting couples in England and Wales have long been left exposed by outdated family law. That could be about to change — but the road to reform is longer than many people think.
- What has the government announced?
- What are the proposed new rights?
- The myth of common law marriage
- Who would qualify under the new rules?
- Timeline: when could new laws take effect?
- What you should do right now
- Royalty-free image suggestions
What has the government announced?
The UK government has launched a formal consultation on reforming cohabitation law — a move that Justice Secretary David Lammy has described as part of building “a fair system that offers the most vulnerable protection in the event of a breakup.” The consultation, which closes on 14 August 2026, covers several significant areas of family law that have remained unchanged for decades.
“When a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life.”— David Lammy, Justice Secretary
The proposals sit alongside wider reforms examining financial remedies on divorce and what happens when a cohabitant dies without leaving a will — a joined-up approach that legal professionals have called a signal that “real change is on the table.”
Cohabiting couples in UK: 6.5 million
Grew from (2014): 5.5 million
Consultation closes: 14 Aug 2026
Earliest new law: 2028
What are the proposed new rights?
The consultation is examining a broad package of changes designed to modernise family law and close the gap between married and unmarried couples. Ministers have been clear that the goal is not to treat cohabitation as identical to marriage — but to end a situation where people who have built lives together can be left with nothing.
Key proposals under consideration
- Financial claims after separation — limited rights to claim a share of a partner’s assets following a breakup, particularly where one partner sacrificed career or earnings to care for children
- Automatic inheritance rights — if a partner dies without a will, the surviving cohabitant would receive some entitlement to the estate, rather than being left with nothing
- Stronger protections for domestic abuse survivors navigating the end of cohabiting relationships
- Making pre- and post-nuptial agreements legally binding for married couples as part of the wider reform package
Couples will be considered cohabitants under the proposed framework if they have lived together for at least three years, or if they share a child together — regardless of the length of the relationship.
The myth of common law marriage
One of the most persistent and damaging legal misconceptions in England and Wales is the idea of “common law marriage” — the widespread belief that couples who live together long enough automatically acquire the same legal rights as married couples. This is simply not true, and the consequences can be severe.
Nearly half of all cohabiting couples — around 49% — mistakenly believe that common law marriage gives them legal protection equivalent to marriage. It does not exist in English law.
Under the current law, no matter how long two people have lived together — even twenty or thirty years — an unmarried partner has no automatic right to their partner’s property or savings if they separate. There is no legal requirement for one partner to financially support the other after a breakup. If a partner dies without a will, the surviving cohabitant is not automatically entitled to anything they leave behind — not even a property they may have lived in together for decades.
The length of the relationship makes no legal difference. Having children together makes no legal difference. Sharing a home for decades makes no legal difference. This is the legal reality that the government’s consultation is now seeking to address.
Who would qualify under the new rules?
Based on the consultation proposals, couples would qualify for new cohabitation rights if they meet one of two criteria:
- They have lived together for at least three continuous years
- They share a child together, regardless of how long they have cohabited
Importantly, ministers have indicated that any new framework will likely include an opt-out mechanism — meaning couples who specifically do not want these rights to apply to their relationship would be able to exclude them through a formal agreement. This preserves personal autonomy while extending a safety net to those who need it.
Timeline: when could new laws take effect?
- June 2026 — Now
Government consultation launched. Open for responses until 14 August 2026.
- Late 2026
Government reviews consultation responses and finalises proposed policy.
- 2027
Draft legislation expected to be introduced to Parliament — subject to parliamentary priorities.
- 2028 or later
Earliest realistic date for new laws to come into force. There is no guarantee changes will apply to existing relationships.
The law has not changed yet. Any new legislation is unlikely before 2028, and parliamentary priorities may push that further. Until then, cohabiting couples have no more legal protection than they did yesterday.
What you should do right now
Because the law remains unchanged, the only protection available to cohabiting couples today comes from taking practical steps rather than waiting for rights that do not yet exist. Legal professionals across the UK are united on the following priorities.
- Make a will. Without one, your partner inherits nothing automatically, regardless of how long you have been together. A basic will costs from around £100 through a solicitor.
- Consider a cohabitation agreement. A legally binding document that sets out what happens to property and finances if the relationship ends. Professional drafting typically costs between £799 and £3,000.
- Register property ownership clearly. A Declaration of Trust records each partner’s ownership share — essential if one person contributed more to the purchase price or deposit.
- Review life insurance and pension nominations. These pass outside of a will — make sure your partner is named as beneficiary on any relevant policies.
- Seek legal advice. A family solicitor can assess your specific situation and recommend the most appropriate protections for your circumstances.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a qualified family law solicitor. Sources: Ministry of Justice consultation (June 2026), ONS statistics, Today’s Family Lawyer, Forsters LLP, Marlborough Law.
