Many couples in England and Wales live together for years without getting married or entering into a civil partnership. Understandably, some people assume this gives them similar legal rights to married couples, particularly if they have lived together for many years or have children together.
Unfortunately, that is not the case. There is no such thing as a “common law marriage” in England and Wales.
However, important changes may be on the horizon. In June 2026, the Government launched a consultation called A Fairer End to Relationships. It looks at whether the law should give greater protection to couples who live together (cohabiting couples), when they separate or when one partner dies.
Why Is Reform Being Considered?
Family life has changed considerably over recent decades. Millions of couples now live together without being married or in a civil partnership, but the law has not kept up to speed with that change.
At the moment, when unmarried couples separate, their financial arrangements are usually dealt with through property and/or trust law. This can be complicated, expensive and difficult to understand, especially where one person has contributed in ways that are not purely financial, such as caring for children or supporting the household.
The Government is concerned that the current law can leave some people financially vulnerable after a relationship ends or a partner dies. It may also allow one partner to use their stronger financial position to put pressure on the more vulnerable party.
What Changes Are Being Proposed For Cohabiting Couples?
The consultation suggests creating a new legal scheme for certain cohabiting couples who separate.
Under the proposals:
Financial Claims Following Separation
If the proposals become law, some cohabiting partners may be able to ask the court for financial orders when a relationship ends. These could include:
- Orders about property ownership or occupation;
- Lump sum payments;
- Pension sharing orders; and
- In limited cases, ongoing maintenance payments.
It is important to note that the proposed scheme would not give unmarried couples exactly the same rights as married couples on divorce. It appears likely to focus more on meeting financial needs and addressing unfairness, rather than automatically sharing assets equally.
Who Would Qualify?
The Government is considering whether the new scheme should apply to couples who:
- Have lived together in a committed relationship for at least three years; or
- Have a child together, regardless of how long they have lived together.
The aim is to protect romantic and/or family relationships. The proposals are not intended to apply to friends, relatives or housemates who simply share a home.
An Opt-Out System
A key part of the proposal is that the scheme would work on an “opt-out” basis. This means that eligible couples would be included automatically unless they took steps to exclude themselves.
Changes to Inheritance Rights
The consultation also looks at possible changes to inheritance law.
At present, if an unmarried partner dies without a valid Will, the surviving partner does not automatically inherit anything, no matter how long the couple lived together. In some cases, they may need to make a claim against their deceased partner’s estate, which can be costly and stressful at an already difficult time.
The Government is considering whether qualifying cohabiting partners should have automatic inheritance rights if their partner dies without a Will. This would give some unmarried couples greater protection than they currently have.
A Lyons Bowe Lawyer’s Perspective
This consultation is both welcome and long overdue. Family life has changed significantly over the years, and many people feel the law needs to catch up with the way families live today.
At the moment, the legal position for unmarried couples can come as a surprise. Many people assume that living together for a number of years gives them similar rights to a married couple, but this is not the case. In some situations, the outcome can feel unfair.
Take the following fictional example.
Andrea and her former partner, Simon, have a young child together. They are not married and have lived together in a property owned by Simon, which he bought shortly before their child was born. They have lived there for two and a half years.
During the relationship, Andrea took on the role of primary carer for their child and was responsible for the day-to-day household responsibilities. Although these contributions are valuable, they are not automatically recognised in the same way as financial contributions under the current law for unmarried couples. As a result, Andrea’s financial claims against Simon may be limited, despite Simon being financially secure.
If Andrea and Simon did not have a child together, Andrea might have no claim against Simon’s property at all despite her important contribution to the household upkeep. This highlights one of the key differences between the legal rights of married couples and those of unmarried couples who live together.
Under the proposed reforms, the fact that Andrea had lived in Simon’s property for only two and a half years would not prevent her from evidencing her financial interest in Simon’s property. Where a couple has a child together, the proposals do not require any minimum period of cohabitation before legal rights can arise.
Some people are understandably concerned that unmarried couples could still end up with fewer rights than married couples, in order to preserve the special legal status of marriage. However, it is worth considering whether this reflects modern family life. If a couple have built a life together, particularly where children are involved, should their legal protection be significantly different simply because they chose not to marry?
There are many reasons why couples decide not to marry, whether personal, cultural, practical or financial. The question is whether that decision should leave one partner at a disadvantage if the relationship ends. Equally, others argue that marriage remains a distinct legal commitment and that there should continue to be a clear difference between the rights of married and unmarried couples.
Whatever your view, these proposed reforms have started an important discussion about the role of marriage in modern society and whether the law strikes the right balance between respecting personal choice not to marry and protecting vulnerable partners.
What Does This Mean for Cohabiting Couples Now?
It is important to stress that these are only proposals at this stage. They are not yet law. The consultation closed in August 2026, and any changes would need further Government approval and new legislation before they come into force. This is likely to take some time.
For now, the current legal position remains the same. Unmarried couples should not assume they have the same rights as married couples or civil partners.
Cohabiting couples can still take practical steps to protect themselves, including:
- Putting a cohabitation agreement in place;
- Making sure property ownership reflects what both partners intend, including whether they own as joint tenants or tenants in common within a Declaration of Trust;
- Making or updating a valid Will; and
- Taking legal advice about their financial arrangements.
Final Thoughts
The proposed reforms could make a significant difference for unmarried couples in England and Wales. If introduced, they may provide better financial protection and more certainty for families, while still keeping a distinction between cohabitation and marriage.
For now, however, cohabiting couples should not rely on the myth of the “common law spouse”. Obtaining legal advice and planning ahead can help avoid uncertainty and reduce stress if the relationship breaks down or if one partner dies.
At Lyons Bowe Solicitors, we are here to help clients understand their options and put sensible plans in place for the future.
If you would like advice about cohabitation agreements, property ownership, separation or inheritance planning, please contact our New Enquiries team.
Written by Lucie Brooks, Family Solicitor
