Could cohabiting couples get greater legal protection? What the proposed changes could mean

More couples than ever are choosing to live together without getting married or entering into a civil partnership. But under the current law in England and Wales, unmarried couples do not have the same financial and inheritance rights as married couples.

That could be set to change.

In June 2026, the Government launched a consultation called A Fairer End to Relationships, proposing significant reforms to the legal protections available to cohabiting couples when a relationship ends or one partner dies.

The consultation has now closed, but the proposals could represent an important change in family law.

What is being proposed?

The consultation covers three areas:

• Financial arrangements for married couples following divorce
• New financial protections for qualifying cohabiting couples when a relationship ends
• Changes to inheritance rights for qualifying cohabiting couples where a partner dies without a will

The proposed cohabitation framework would be narrower than the financial protections available to married couples. The Government has stated that the intention is to provide greater protection for vulnerable people and children, while maintaining the distinct legal status of marriage.

What could this mean for cohabiting couples?

Under the proposed framework, certain cohabiting couples could have new rights when their relationship ends.

The Government is considering eligibility for couples who have lived together for at least three years, or couples who live together and have a child together. The proposals would apply to committed, romantic relationships rather than simply people who share a home.

If introduced, the framework could give courts greater powers to make financial or property adjustments based on the needs of the people involved, rather than relying solely on existing property and trust law.

This could be particularly significant where one partner has made financial or career sacrifices to care for children or the home.

However, these are proposals, not changes to the law at this stage. The final framework could look different if legislation is introduced.

What about the family home?

At present, disputes over property between unmarried couples can be complicated. Depending on the circumstances, claims may involve property and trust law rather than the financial remedies framework available to divorcing couples.

The proposed reforms could introduce a new route for eligible cohabitants to seek property adjustment orders.

However, existing legal routes would not necessarily disappear. The Government's proposals are intended to create a new framework alongside existing protections, rather than simply giving unmarried couples the same rights as married couples.

If you are already involved in a dispute over a property with a former partner, it is important to take advice based on the law that applies now, rather than relying on proposed reforms.

Could cohabiting partners get inheritance rights?

This is another significant area of proposed reform.

Currently, an unmarried partner does not automatically inherit under the intestacy rules if their partner dies without leaving a valid will.

There are circumstances in which a surviving cohabitant may be able to make a claim against an estate, but this is different from having an automatic right to inherit.

The Government is considering changes that could give qualifying cohabitants greater protection where a partner dies without a will.

Until any changes become law, however, making a valid will remains one of the most important ways for unmarried couples to protect each other.

What should unmarried couples do now?

Whatever happens with the proposed reforms, cohabiting couples should not assume that they currently have the same legal protection as married couples.

There are practical steps you can take now, including:

• Make a will: This can help ensure your partner is provided for if you die.
• Consider a cohabitation agreement: This can set out how property, finances and other assets should be dealt with if you separate.
• how you own your property: If you live together, consider whether the way the property is held properly reflects your respective contributions and intentions.
• legal advice: If you are separating or have concerns about your financial position, advice based on the current law can help you understand your options.

What happens next?

The consultation is now closed and the Government will need to consider the responses before deciding what happens next. Any proposed reforms would need to go through the legislative process before becoming law.

For now, the current law continues to apply.

If you are an unmarried couple, don't rely on the idea of a “common law marriage”. There is no general legal status of common law marriage in England and Wales, and simply living together does not give you the same legal rights as marriage.

If you are concerned about your rights, particularly regarding your home, finances or inheritance, getting advice now can help you understand your position and the steps you can take to protect yourself.

Need advice about cohabitation or separation? Contact the MBH family law team on 01942 206060 or email mbh@wigansolicitors.com for a free, 30-minute, no-obligation consultation.

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