The Government has recently launched its consultation, A Fairer End to Relationships, proposing some of the most significant changes to cohabitation law in England and Wales for decades. With more than 3.5 million couples now living together without marrying or entering into a civil partnership, the consultation seeks views on whether greater legal protections should be available to qualifying cohabiting couples.
What Rights Could Cohabiting Couples Gain?
One of the headline proposals is the introduction of a new statutory framework for cohabitants who separate. Under the proposed rules, couples who have lived together for at least three years could become eligible to make certain financial claims following separation. Similar protections may also apply where a couple has a child together, even if they have lived together for less than three years.
The Current Legal Position for Cohabiting Couples
At present, there is no such thing as a “common law marriage” in England and Wales. Regardless of how long a couple has lived together, unmarried partners do not automatically acquire the same legal rights as spouses or civil partners when a relationship ends. This can leave financially vulnerable individuals facing significant difficulties following separation.
The Government considers that a three-year qualifying period strikes a balance between recognising committed relationships and preserving the distinct legal status of marriage. Importantly, the proposed framework would be more limited than the financial remedies available on divorce, and would include an option for couples to opt out if they wish.
The consultation also considers extending rights for cohabiting partners where one partner dies without leaving a valid Will. This could allow qualifying cohabitants to benefit under the intestacy rules, representing a significant shift from the current position, under which unmarried partners have no automatic entitlement to inherit from one another.
What Happens Next?
It is important to remember that these are proposals only. The consultation closes on 14 August 2026 and no changes to the law have yet been made. However, the consultation demonstrates a clear intention to modernise family law and better reflect the realities of modern relationships. For cohabiting couples, it is a timely reminder to review their arrangements and consider taking legal advice to protect their position, regardless of whether these reforms ultimately become law.
How Can We Help?
If you are living with a partner and would like advice on your legal position, including cohabitation agreements, property ownership, Wills, or inheritance rights, our specialist Family & Matrimonial and Wills & Probate teams can help. Our Family & Matrimonial Law can advise on cohabitation agreements and arrangements for unmarried couples, while our Wills & Probate team can assist with Wills, estate planning, and inheritance matters.
Contact us today to make an appointment at either our Newport or Cardiff office.
