What is the current law?
At the moment, in England & Wales, cohabiting couples (those who are not married or in a civil partnership) have no automatic legal or financial rights to one another, regardless of how long they have lived together.
The concept of a “common law marriage” is a myth.
This can leave those couples financially vulnerable if the relationship ends or a partner dies, in terms of:-
Property
Where a property is solely owned by one partner, the other partner has no automatic legal right to share of this, or the right to remain in that property upon separation.
In relation to a property jointly owned by both partners, then it is presumed that the property is owned in equal shares, unless there is a specific legal document stating otherwise. Resolving disputes in this regard involves a complex area of trusts law at present.
Maintenance
Neither partner has any legal duty to financially support the other in the event of a split, unlike in divorce.
Inheritance
If one partner dies without a will, the surviving partner has no automatic right to inherit their partner’s estate, regardless of how long they have been together or if they have children.
Children
Legal obligations for child maintenance apply regardless of whether parents are married or not.
In addition, parents can seek limited financial provision or housing for the child/ren’s benefit, but this is meant for the child/ren and does not secure long-term financial security for the primary caregiver of the child/ren once they reach majority.
What are the proposed reforms?
Following the current government’s pledges in its manifesto to strengthen legal protection for unmarried cohabiting couples, 5th June 2026 marks the start of a public consultation regarding reforms to the current law.
Under those reforms, it is proposed that couples who have lived together for more than three years or share a child and are able to satisfy a court they are in an ‘enduring family relationship’ will be eligible for new rights, including inheritance and financial claims with a view to helping rebalance potential economic disadvantages.
The government has given many reasons for the proposed reform, but those include:-
- The increase in couples actively choosing not getting married – due to the average cost of a wedding being £20,000 and the view that many couples now take that those funds are better spent getting on the housing ladder;
- Affording individuals fleeing domestic abuse better financial recourse;
- Providing those individuals of a deceased partner better financial protection; and
- Providing children of unmarried cohabiting couples with better financial security.
Other considerations
Separately, the government is also looking into whether the Court could give more consideration to the impact of domestic abuse, including controlling or coercive behaviour and economic abuse, when assessing the division of finances for married and cohabiting couples.
They also want to make nuptial agreements legally binding in cases where parties go on to divorce.
The consultation on the proposed reforms will close later this summer, and it will certainly be interesting to see how this unprecedented issue develops.
Should you require advice as to the current law and your situation in the meantime, then please do not hesitate to contact us using the links below to discuss your options further.
