In June 2026, the UK Government launched a consultation examining whether the law relating to cohabiting couples should be reformed. The consultation follows years of debate about whether the legal framework adequately reflects modern family life.
With increasing numbers of couples choosing to live together without marrying, many legal professionals and campaign groups have argued that the current law leaves some individuals financially vulnerable when relationships break down.
While no changes have yet been implemented, the consultation could mark an important step towards reform.
Why Is Reform Being Considered?
Family structures have changed significantly over recent decades.
Limited Protection
Many couples now choose cohabitation rather than marriage or civil partnership. Some may intend to marry in the future, while others actively choose not to formalise their relationship. Despite these social changes, the legal protections available to cohabiting couples have remained limited.
Outcomes of The System
Critics argue that the current system can produce unfair outcomes, particularly where one partner has made sacrifices for the family, such as reducing their career opportunities to care for children.
View our previous article on legal rights of cohabiting couples.
Potential Areas of Reform
Although the consultation is seeking views rather than introducing immediate legislation, several areas have been discussed in previous reform proposals. These include creating a legal framework that would allow certain cohabiting partners to make financial claims following separation.
Potential factors that may be considered include:
- The length of the relationship;
- Whether the couple lived together as a family;
- The presence of children;
- Financial dependence between partners;
- Contributions made during the relationship.
The aim would not necessarily be to replicate divorce law but to provide a more structured and potentially fairer system for resolving disputes.
A Distinct System from Marriage
One key issue is whether any future rights should mirror those available on divorce.
Comparison Between The Systems
Many commentators argue that marriage should remain legally distinct because it involves a conscious decision to enter a formal legal relationship. As a result, any future cohabitation scheme may provide more limited remedies than those available to married couples.
Potential Changes
Instead of broad asset-sharing powers, reforms could focus on addressing economic disadvantage or unfair financial outcomes arising from the relationship.
Learn more about protecting your interest in assets.
Possible Opt-Out Arrangements
Another proposal previously discussed is the introduction of an opt-out system.
How Would This Work?
Under such a model, qualifying cohabiting couples might automatically gain certain legal rights unless they actively choose not to participate.
Benefits
Supporters argue this would protect vulnerable individuals who are unaware of their legal position.
Arguments
Opponents argue it could undermine personal choice for couples who deliberately decide not to marry.
The consultation is likely to explore these competing viewpoints.
Inheritance and Death of a Partner
The consultation may also consider whether cohabiting partners should have stronger rights when a partner dies. Currently, surviving cohabiting partners can face significant challenges if there is no valid will in place.
Possible reforms could address inheritance rights or simplify claims made by surviving partners.
What Happens Next?
At this stage, the consultation is simply gathering evidence and opinions from legal professionals, organisations and members of the public.
Any legislative changes would require further consideration and parliamentary approval. Meaningful reform is therefore unlikely to happen immediately.
However, the fact that the issue is being reviewed suggests there is growing recognition that the law may need to better reflect modern relationships.
Learn more about the consultation document here.
Conclusion
The cohabitation reform consultation represents an important opportunity to examine whether current laws remain fit for purpose.
While no final decisions have been made, potential reforms could provide greater protection for unmarried couples while still maintaining a distinction between marriage and cohabitation.
For now, cohabiting couples should remember that existing laws remain unchanged and should continue to take practical steps to protect their financial and legal interests.
Frequently Asked Questions About Cohabitation Law Reform
Do cohabiting couples have the same rights as married couples?
No. Cohabiting couples do not automatically receive the same legal rights as married couples or couples in a civil partnership.
Marriage and civil partnership create a formal legal relationship with specific rights relating to financial support, property and inheritance. A cohabiting relationship does not currently provide the same protections, even when a couple has lived together for many years.
Does common law marriage exist in England and Wales?
No. Common law marriage is not recognised as a legal status in England and Wales.
Living with a partner for a certain length of time does not automatically give you the same rights as a spouse. A cohabiting partner should not assume they will automatically receive a share of their partner’s home, pension, savings or estate.
Will the proposed reforms give cohabiting couples the same rights as married couples?
The proposed reforms are not intended to recreate divorce law for unmarried couples.
Instead, the Government is considering a separate legal framework that could address financial hardship and economic disadvantage following relationship breakdown. Any available remedies are likely to be more limited than those provided to people who are married or in a civil partnership.
Would every cohabiting couple qualify for the proposed legal protections?
Not necessarily. Eligibility requirements would need to be included in any new law.
Potential factors could include the length of the relationship, whether the couple lived together in a committed relationship and whether they have children. The presence of financial dependence or significant financial contributions may also be relevant.
The exact eligibility rules have not yet been finalised.
Could a cohabiting partner make a financial claim after separation?
Under the proposed legal framework, certain cohabiting partners may be able to make financial claims following separation.
The court could consider whether one partner experienced an economic disadvantage or whether the other partner retained a financial benefit because of contributions made during the relationship.
This could include situations where one person reduced their working hours, gave up career opportunities or provided unpaid care for children.
Can a cohabiting partner claim part of a property?
A cohabiting partner does not automatically receive a share of a property following separation.
Under current law, property ownership and any written agreements are usually the starting point. A partner who is not named as a legal owner may need to prove that they have a beneficial interest in the property.
Evidence of direct financial contributions, shared intentions or promises relating to ownership may be relevant. However, paying household expenses does not always create a legal interest in the home.
What is a cohabitation agreement?
A cohabitation agreement is a written document that records how an unmarried couple intends to manage its finances, property and responsibilities.
It may cover:
- Ownership of the family home;
- Mortgage and rent payments;
- Household expenses;
- Savings and debts;
- Financial contributions;
- Arrangements if the relationship ends.
A cohabitation agreement can provide greater clarity and reduce the risk of disputes. Each partner should usually receive independent legal advice before signing one.
Would couples be able to opt out of the proposed system?
An opt-out system is one of the options being considered.
Under this type of arrangement, qualifying couples could automatically receive certain legal protections unless they formally agree not to participate. Safeguards may be needed to ensure that both partners understand the consequences and are not placed under pressure.
Critics argue that an automatic system could undermine the choices of people who deliberately decide not to marry. Supporters believe it would protect vulnerable partners who may not understand their current legal position.
