Many people are surprised to learn that there is no such thing as a “common law marriage” in England and Wales.
Despite the term being widely used, couples who live together without marrying or entering into a civil partnership currently have significantly fewer legal rights than married couples if their relationship breaks down or one partner dies. That position could be set to change.
In this article, Kiani Eccleston, Associate Solicitor in the Family Department at Hutchinson Thomas Solicitors, looks at how the Government’s newly announced consultation on cohabitation rights could represent one of the most significant changes to family law in a generation, reflecting the growing number of people who choose to live together without marrying.
For family law practitioners, the proposals represent a potentially major shift in how the law approaches modern relationships and financial protection following separation or bereavement.
Why are reforms being considered?
According to government figures, there are more than 3.5 million unmarried couples living together across the UK.
While society has changed significantly in recent decades, the law has not always kept pace. At present, cohabiting couples generally do not benefit from the same legal protections as married couples when relationships end.
This can create particular difficulties where one partner is financially dependent on the other, has contributed to a family home without being named on the title deeds, or has taken on caring responsibilities during the relationship.
The government says the consultation aims to create a fairer framework that better reflects modern family life while maintaining a distinction between marriage, civil partnerships and cohabitation.
What changes are being proposed?
The consultation is seeking views on a number of potential reforms:
Financial protection following separation
One of the most significant proposals is the introduction of a new legal framework for eligible cohabiting couples when relationships end.
Currently, separating unmarried couples often have limited claims available to them, regardless of the length of the relationship.
Under the proposed framework, qualifying cohabitants may be able to seek financial remedies following separation, potentially including a share of property or other financial provision in certain circumstances.
The government has suggested that eligibility could apply where couples have lived together for at least three years or have a child together, provided the relationship meets the criteria of an enduring family relationship.
Greater protection for survivors of domestic abuse
The consultation will also consider whether courts should place greater weight on domestic abuse, including coercive control and economic abuse, when determining financial outcomes.
Supporters of these reforms argue that existing arrangements can leave some survivors financially vulnerable when leaving abusive relationships, particularly where they are not married.
Automatic inheritance rights
Another key proposal relates to inheritance. At present, unmarried partners do not automatically inherit from one another if a partner dies without a valid will, regardless of how long they have lived together.
The government is proposing to explore whether cohabiting partners should gain automatic inheritance rights in certain circumstances, reducing uncertainty and financial hardship for surviving partners.
Legally binding pre-nuptial agreements
The consultation is also considering whether pre-nuptial and post-nuptial agreements should become legally binding, providing greater certainty for couples who wish to make financial arrangements in advance.
What does this mean for cohabiting couples today?
Importantly, these proposals are not yet law. The consultation period runs until August 2026, after which the government will consider responses before deciding whether to introduce legislation. Until any reforms are implemented, the current legal position remains unchanged.
This means that unmarried couples still have far fewer legal protections than married couples or civil partners in many situations.
For that reason, cohabiting couples may wish to consider taking proactive steps to protect themselves, including:
- Making a valid will.
- Entering into a cohabitation agreement.
- Reviewing property ownership arrangements.
- Seeking legal advice regarding financial contributions and ownership rights.
Planning ahead
Whatever the outcome of the consultation, the proposals highlight an important issue that family lawyers encounter regularly: many couples are unaware of the legal consequences of living together without marrying.
There remains a widespread belief that long-term cohabitation automatically creates legal rights similar to marriage. In reality, the position is often far more complex.
While the proposed reforms could significantly strengthen protections for cohabiting couples in the future, individuals should not assume those protections already exist.
How we can help
Relationship breakdowns, property ownership disputes and inheritance matters can be emotionally and financially challenging, particularly where there is uncertainty about legal rights.
If you are living with a partner and would like to understand your current legal position, or if you have questions about wills, cohabitation agreements or family law matters, obtaining specialist legal advice can help you make informed decisions and plan for the future.
For further information, please contact Kiani Eccleston on 01639 640 152, or contact us here.