Modern Families, Outdated Laws: Change May Finally be Coming for Cohabiting Couples
The government has announced a major update into the rights of cohabiting couples in England and Wales, highlighting what could become one of the most significant family law reforms in decades.
Launched on 5 June 2026, the government consultation called “A Fairer End to Relationships” aims to strengthen financial protections for unmarried couples, reflecting the realities of modern family life. With more than 3.5 million cohabiting couples now living in England and Wales, the proposed reforms could have a significant impact on families across the country.
Pictured: Elly Bradford
What Does the Current Law Say?
Despite many couples living together long-term without marrying or entering into a civil partnership, cohabiting couples currently have very limited legal protection if their relationship breaks down. A breakdown of a cohabiting relationship disproportionately affects vulnerable groups such as women, children and victim-survivors of domestic abuse as there can be significant financial barriers to leaving an abusive relationship. Cohabitation reform could help address these risks by supporting victim-survivors in achieving financial independence and reducing the reliance on informal financial arrangements for example, on where they live, which can perpetuate harm.
Many people are surprised to learn that there is no such thing as a “common law marriage” in England and Wales regardless of how long they have been together, or what they’ve contributed towards the relationship
Unlike married couples, cohabitants do not automatically have rights to:
- Share property owned solely by their partner;
- Claim spousal maintenance;
- Share pensions; or
- Inherit automatically if their partner dies without a will.
Disputes between unmarried couples are usually dealt with under civil law rather than family law, which can often lead to complex and expensive litigation. Property disputes are commonly brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), while limited financial claims relating to children can be made under Schedule 1 of the Children Act 1989.
Proposed Changes
The government is consulting on introducing a new legal framework for cohabiting couples. Under the proposals, qualifying couples could gain financial rights on separation, including potential claims over property and other assets.
The major change under proposed changes to the law applying to cohabitees, would be that qualifying cohabitants would be able to apply to Court for a property adjustment order, which is the same order available to divorcing couples. This would allow a court to order the transfer/sale of property, or adjust the shares based on the financial needs of the parties, rather than purely on the principle of legal ownership. The Court’s starting point within the cohabitation framework would be as is present in financial remedy cases, legal ownership. The court would then have discretion to adjust this to meet the parties’ individual needs.
The proposals also consider giving greater weight to domestic abuse, including coercive, controlling and economic abuse, when resolving financial disputes.
In addition, the consultation explores reforming inheritance laws so that cohabiting partners may, under the intestacy rules, automatically inherit in certain circumstances where a partner dies without leaving a will. At present, unmarried partners have no automatic entitlement under the intestacy rules, regardless of the length of the relationship, leaving surviving partners extremely vulnerable.
The consultation suggests couples may qualify if they:
- Have lived together for at least three years; or
- Have a child together (children’s needs will be determined by the court first as a paramount consideration); and
- Are considered to have been in an enduring family relationship (meaning a committed, romantic relationship).
Individuals must be over the age of 18 years old and there is a proposed two-year time limit from the end of the relationship breaking down to bring a financial claim against an ex-partner they have lived with.
Alongside cohabitation reform, the government is also considering making pre-nuptial and post-nuptial agreements legally binding, providing greater certainty for couples who wish to formalise financial arrangements.
What about TOLATA?
The proposed changes will usher in a new more flexible needs-based framework that will sit alongside the existing TOLATA framework. The new cohabitation framework will apply as a default to eligible couples; however, they will have an option to opt out of it if they choose.
Therefore, TOLATA will still apply for those couples who do not meet the eligibility criteria set for the proposed change to cohabitation law, for those who opt out of the cohabitation framework, and for those cases where there is a dispute on legal and beneficial ownership.
What Happens Next?
The consultation will run for 10 weeks and closes on 14 August 2026. Following this, the government will consider responses before deciding whether to introduce legislation.
If implemented, the proposals could represent a major shift in the legal rights of cohabiting couples and provide greater financial security for many modern families.
By Elly Bradford, Solicitor at Hopkin Murray Beskine solicitors.
How We Can Help
Our experienced family law team can advise on cohabitation disputes and separation issues. If you would like advice about your situation, please contact our team for a consultation.
