Upcoming Cohabitation Reform: What Could Change for Unmarried Couples?

The law affecting cohabiting couples in England and Wales may be moving towards reform, but it is important to keep the present position firmly in mind. In June 2026, the Government published a consultation, A fairer end to relationships, which considered financial provision for cohabitants after separation and inheritance rights for cohabitants on intestacy. The consultation closed on 14 August 2026. However, as at September 2026, no legislation has been introduced and the proposals have not yet changed the law.

The current legal position

There is still no such thing as “common law marriage” in England and Wales. Living together does not, by itself, give an unmarried couple the same rights as spouses or civil partners, regardless of how long they have lived together or whether they have children.

If an unmarried couple separates, there is currently no general divorce-style financial remedy regime for cohabitants. Disputes are usually dealt with under property and trust principles, including the Trusts of Land and Appointment of Trustees Act 1996. That means the court may determine who owns what, or whether a property should be sold, but it cannot simply redistribute assets because it would appear fair to do so. Nor is there a general right to maintenance, pension sharing or capital provision for a former cohabiting partner.

Where children are involved, there may in some cases be child-focused claims under Schedule 1 to the Children Act 1989. Even so, that is not the same as a broader financial remedy regime for a financially weaker cohabitant.

The position on death is also restrictive. Under the current law, a surviving cohabitant has no automatic right to inherit under the intestacy rules. Although some surviving partners may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, that is a separate discretionary claim and is not equivalent to the automatic position of a spouse or civil partner.

Summary of the June 2026 consultation proposals

The June 2026 consultation explored whether a new statutory framework should be introduced to provide limited protection for certain cohabitants while still keeping a clear distinction between cohabitation and marriage or civil partnership.

Reportedly, the proposed separation regime would apply to two adults who had lived together as a couple in an enduring family relationship and who either had cohabited for at least three years, or had a shared child or a child of the family, in which case no minimum period would apply.

Whether a relationship amounted to an “enduring family relationship” would depend on the facts. Relevant considerations could include the stability and duration of the relationship, whether the parties maintained a joint household, their financial interdependence, their responsibilities for children and how they presented the relationship publicly.

The consultation also explored an automatic regime for qualifying couples, but with an ability to opt out by agreement, provided certain safeguards were met.

Separation-related proposals

One of the most important points is that the reported proposals were needs-based, rather than a replication of divorce law for unmarried couples. The starting point would remain that each person keeps the assets they legally or beneficially own. There would be no automatic sharing of property or wealth built up during the relationship merely because the parties had lived together.

The court would instead have a more limited power to depart from existing ownership where this was necessary to meet defined financial needs. Reported possible remedies included:

• lump-sum orders;

• property adjustment orders;

• pension sharing orders; and

• ongoing maintenance in exceptional and time-limited circumstances.

The consultation also suggested that children’s needs would take priority, and that any scheme should place weight on clean break outcomes and financial independence where possible. It was also reported that an award would not exceed what could have been available if the parties had been married and divorced.

Another point considered was whether domestic abuse, including controlling, coercive and economic abuse, should carry greater weight when the court assessed claims.

The proposals also included the concept of an opt-out. In broad terms, qualifying couples could choose not to be subject to the statutory scheme if they entered into an agreement meeting prescribed safeguards. Those safeguards were reported to include matters such as a formal deed, financial disclosure, independent legal advice and protection against duress, undue influence and coercion.

In addition, the consultation proposed a two-year limitation period for bringing claims, running from separation, including cases in which former partners still occupied the same property after their relationship had ended.

Intestacy proposals

The consultation also considered reform to the intestacy rules. The broad proposal was that a qualifying surviving cohabitant could inherit in the same way, and at the same priority, as a spouse or civil partner where the deceased died without a valid will.

Reportedly, the suggested qualifying periods were five years of cohabitation where the couple had no shared child, or two years where they had a child together. The deceased would also need to have been unmarried and not in a civil partnership immediately before death.

The proposals also indicated that a qualifying cohabitant could have the same priority as a spouse or civil partner when applying for a grant of administration.

That said, the reported reform did not extend to all of the legal and tax advantages associated with marriage or civil partnership. In particular, no equivalent inheritance-tax spouse exemption has been proposed.

What has not changed yet

For now, the law remains as it is. The consultation closed on 14 August 2026, but as at September 2026 the Government had not introduced legislation and the proposals had not become law. It would therefore be wrong to assume that reform is certain, imminent or settled in its final form. At present, there is still no common law marriage, no general divorce-style financial remedy regime for cohabitants, and no automatic intestacy entitlement for a surviving cohabitant.

Practical steps cohabiting couples should consider now

Given the current legal position, cohabiting couples should continue to plan on the basis of the law as it stands today. Sensible practical steps may include:

• putting a cohabitation agreement in place to record how finances are managed and what should happen if the relationship ends;

• using a clear declaration of trust when buying or owning property together, so that beneficial interests are expressly documented;

• making valid wills, rather than assuming a partner will inherit automatically;

• reviewing pension death-benefit nominations and other nominations that do not automatically follow intestacy rules;

• checking how assets are owned, including whether a property is held jointly or in defined shares;

• reviewing arrangements periodically, particularly after a house purchase, the birth of a child, a significant change in finances or a separation and reconciliation.

Depending on the circumstances, couples may also wish to consider related planning such as life insurance. The right course will depend on the facts, but early advice can often reduce the scope for expensive disputes later.

Conclusion

The June 2026 consultation is a significant development and suggests that cohabitation reform remains under active consideration. However, proposals are still only proposals unless and until legislation is introduced and enacted. Anyone living with a partner in England and Wales should therefore take advice based on the current law, not on the assumption that reform will definitely arrive or that it will take the form presently proposed.

Sources Referenced : A fairer end to relationships - GOV.UK; A fairer end to relationships: consultation document - GOV.UK; A fairer end to relationships consultation - Ministry of Justice / Citizen Space; related legal research summary provided in the source material.
‍

Call us today on 0203 504 9138, or email us at info@djfsolicitors.co.uk to schedule your free initial telephone consultation.
‍
‍
Article by Ellie Stokes, Family Solicitor at DJF Solicitors