Proposed reforms to the law on cohabitation

The myth of the common law marriage continues to shock many cohabitees, who facing separation or the death of their partner, suddenly realise that they have no automatic rights to each other’s property, money or estate, regardless of how long they have been together. Even though 25% of all couples who live together are unmarried, there is little legal protection for them in the event of a split or a death.

A Fairer End to Relationships

Recognising that the law has failed to reflect modern relationships by protecting the financial security of unmarried couples, the Government commissioned a public consultation over the summer of 2026, called A Fairer End to Relationships.

At the time, David Lammy the then Deputy Prime Minister proclaimed, “Whether you’ve been left bereaved by the sudden and unexpected death of a partner, or escaped horrific domestic abuse, our laws should work to protect you.”

The consultation was designed to explore the potential rights which could be given to unmarried couples in England and Wales. It was considered particularly important in offering the victims of domestic abuse the protection of financial security and greater independence in moving forward after leaving an abusive relationship.

The proposed changes

While it will take time for the government to consider the proposed changes and to bring them into law, the framework for change is as follows:

• To be eligible couples must have lived together for three years or live together and share a child
• The courts must be satisfied that the relationship was a ‘committed and romantic relationship’
• The minimum age to be eligible would be 18 years
• There would be a time limit of 2 years during which to bring a financial claim from the end of the relationship
• The proposed new legislation would mean that cohabitees would have the right to a share of a property via a property adjustment order based on their financial need after separation
• If a partner dies without leaving a will, those in a relationship for over 5 years or those who share a child, would have automatic rights to inherit the deceased partner’s estate

Do note that it is proposed that couples have the legal right to opt out of any new proposals.

How to protect your rights now

There is no indication as to when these proposed changes may become law and so in the meantime cohabiting couples should take several steps to protect themselves and their finances.

These include:

• Seeking the protection of a Cohabitation Agreement which sets out how your property, debts and finances would be shared in the event of a separation
• Making a will to outline and guarantee that your partner inherits your assets
• Consider how you own any property and set up a Declaration of Trust if the property was bought in unequal shares

If you are struggling with issues arising from separation and divorce, we offer a no obligation initial consultation for a fixed fee of £150 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at info@tisshawssolicitors.co.uk or complete the form below.