Many people assume that if they live with a partner for long enough, the law will automatically protect them in the same way as a married couple. Others believe that pre-nuptial agreements are not worth the paper they are written on. In reality, both assumptions can be misleading.
In this article, Kiani Eccleston, Associate Solicitor in the Family Department at Hutchinson Thomas Solicitors, looks at how the Government’s recently announced consultation on family law reform could bring significant changes to how finances are dealt with following separation, divorce and death.
The proposals include strengthening protections for cohabiting couples and exploring whether pre-nuptial and post-nuptial agreements should become legally binding.
While the reforms remain subject to consultation and are not yet law, they have reignited an important conversation about planning for the future and protecting those closest to us.
The reality for unmarried couples
Despite the widespread belief in the concept of a “common law spouse”, no such legal status exists in England and Wales. This means that unmarried couples who live together can find themselves in a vulnerable position if their relationship ends or one partner dies.
One of the most significant issues arises when someone dies without leaving a valid will. Currently, unmarried partners do not automatically inherit from one another under the rules of intestacy, regardless of how long they have been together or whether they share a home and family life.
In some circumstances, this can leave surviving partners facing uncertainty, financial hardship and potentially lengthy legal proceedings at an already difficult time.
Why a will remains so important
The Government is consulting on whether cohabiting partners should be given greater inheritance rights when a partner dies without a will. While this may offer greater protection in the future, no changes have yet been introduced.
For now, one of the most effective ways for unmarried couples to protect each other remains making a properly drafted will.
A valid will can:
- Ensure your partner is provided for after your death.
- Reduce uncertainty and the risk of disputes.
- Clarify how your assets should be distributed.
- Provide peace of mind for both partners.
Many people wrongly assume their partner will automatically inherit their estate. In reality, without a will, the outcome may be very different.
Could pre-nuptial agreements soon become legally binding?
The consultation is also examining whether “qualifying nuptial agreements” should become legally binding. Pre-nuptial agreements allow couples to set out how assets should be dealt with if the marriage later ends in divorce. Similar arrangements can also be made after marriage through post-nuptial agreements.
At present, courts in England and Wales may take these agreements into account and often give them significant weight, provided certain safeguards have been met. However, they are not automatically binding in every case.
The Government is now considering whether a clearer statutory framework should be introduced, allowing couples to enter binding agreements with greater confidence that their wishes will be respected.
Why this matters
Supporters of reform argue that legally binding agreements could provide greater certainty and reduce disputes in the event of relationship breakdown.
They may be particularly relevant where:
- One or both parties have significant assets.
- Individuals own a business.
- There are children from previous relationships.
- Families wish to protect inherited wealth.
- Couples simply want clarity regarding their financial arrangements.
While some may view such agreements as unromantic, many couples see them as a practical way of managing expectations and avoiding uncertainty.
Greater certainty
Although inheritance rights for cohabiting couples and legally binding pre-nuptial agreements may appear to be very different issues, both proposals share a common objective.
The Government is seeking to create greater clarity and certainty around what happens when relationships end, whether through separation, divorce or death.
For many families, uncertainty about legal rights can lead to stress, conflict and unexpected financial consequences. These proposals are intended to help individuals make informed choices and better protect their interests.
Don’t wait for the law to change
The consultation is currently seeking views, and any reforms remain subject to future legislation. Until then, the existing legal position remains unchanged.
For cohabiting couples, that means a will remains one of the most important ways to protect a partner’s future. For those considering marriage, pre-nuptial and post-nuptial agreements can already play a valuable role in financial planning, even under the current legal framework.
How we can help
Every family situation is different and there is no one-size-fits-all approach to protecting assets and loved ones. If you would like advice on cohabitation, wills, pre-nuptial agreements, post-nuptial agreements or any other family law matter, Kiani Eccleston, Associate Solicitor in the Family Department at Hutchinson Thomas Solicitors, would be pleased to assist.
For further information, please contact Kiani Eccleston on 01639 640 152, or contact us here.