The Government has recently announced the launch of a family law consultation which could see millions of unmarried couples get stronger rights. Designed to level the playing field between cohabiting couples and those who are married or in civil partnerships – while maintaining a distinct set of rights for each – it is one of the most significant proposed overhauls of family law in decades, particularly in terms of the focus on cohabitation reform.
The Ministry of Justice published its consultation paper, titled “A Fairer End to Relationships”, on 5 June 2026. This consultation runs until 14 August 2026. Back in December 2025, we reported that this review had been announced and was expected in Spring 2026. It has now arrived, and the proposals are wide-ranging.
The Current System
At the moment, cohabiting couples have far weaker rights than those who are married or in a civil partnership, across both divorce law and property rights.
Financial Division on Divorce
The law on dividing assets on divorce has not been substantially updated since the Matrimonial Causes Act 1973. Courts have wide discretion to divide finances as they see fit, guided by a checklist of factors including the financial needs of both parties, contributions to the marriage, and the welfare of any children. In practice, this can produce inconsistent and unpredictable outcomes, with similar couples reaching very different results depending on the court. The landmark case of Radmacher v Granatino [2010] confirmed that nuptial agreements should generally be upheld – but Parliament has never put this into statute, leaving the enforceability of prenups and postnups uncertain.
Cohabiting Couples
Cohabiting couples remain almost entirely unprotected under English and Welsh law. Unlike married couples, cohabitants have no automatic right to occupy or claim a share of a property, financial support after separation, or inheritance if their partner dies without a will. The myth of “common law marriage” – the belief that living together creates marriage-like legal rights persists widely, but it has no basis in law. With over 3.5 million cohabiting couples in England and Wales, the gap between public expectation and legal reality is significant.
What Has the Government Proposed?
The consultation addresses financial remedies on divorce, cohabitation rights, and inheritance for bereaved unmarried partners – areas that have historically been treated separately.
Rights for cohabiting couples
These rights are at the heart of the proposals. Couples who have lived together for at least three years, or who share a child, would gain access to financial remedies on separation – potentially including a share of a property sale and financial support for a dependent partner. Bereaved partners would also receive automatic inheritance rights where no will exists.
Nuptial agreements
Under the proposals, nuptial agreements would become legally binding, provided safeguards such as full financial disclosure and independent legal advice are met. This would give couples genuine certainty when planning their financial futures, something many clients tell us they currently lack.
Financial remedies on divorce
These financial remedies on divorce would be reformed to reduce reliance on judicial discretion and make outcomes more predictable. Areas under consideration include clearer treatment of matrimonial and non-matrimonial assets, the duration of maintenance, pension sharing, and financial support for children beyond 18.
Domestic abuse protections
Reform to domestic abuse is a central theme running through the entire consultation. The Government explicitly frames the reforms as part of its wider commitment to tackle violence against women and girls and acknowledges that the current law can actively trap abuse survivors in relationships by leaving them economically dependent on a perpetrator with no legal recourse on separation.
When Will Any of This Become Law?
The consultation closes on 14 August 2026. Any resulting legislation is unlikely to come into force before 2028 at the earliest. That timeline matters: if your relationship ended today, or your partner died without a will, the current law – not the proposed reforms, would apply.
What This Means Right Now
For cohabiting couples, the proposals on cohabitation reform are significant – but not yet in force. You should review your position under the current law now. That means considering:
- Making or updating your will – without one, your partner has no automatic right to inherit
- Reviewing how property is owned – and whether a Declaration of Trust records your respective shares correctly
- Entering into a cohabitation agreement – setting out how finances and property would be handled on separation
- Preparing Lasting Powers of Attorney – so your partner can act on your behalf if you lose capacity
For those planning to marry or remarry, a well-drafted nuptial agreement prepared in line with current best practice remains the strongest protection available and is likely to be given considerable weight by the courts, even before any statutory change.
For those going through divorce, we can advise on how to approach proceedings in light of the existing law and the likely direction of reform.
Our Thoughts
More couples than ever are choosing to live together without marrying or entering into a civil partnership. However, there remains a clear legal distinction between cohabitation and marriage. If an unmarried couple separates, there is currently no comprehensive statutory framework for financial claims, except in limited circumstances such as disputes over jointly owned property or claims made on behalf of children. By contrast, married couples and civil partners benefit from a much wider range of financial claims and protections on separation and death.
It is therefore welcome that the Government is reviewing whether the law should better reflect modern family life. At the same time, reform must be approached carefully. Some couples choose not to marry precisely because they do not wish to be subject to the legal consequences of marriage, including a statutory financial regime on separation.
That said, the current position can produce harsh outcomes. Where a cohabiting partner dies without a will, the surviving partner has no automatic right to inherit, regardless of how long the couple lived together. Their main route may be to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which can involve court proceedings, legal costs, delay and emotional strain at an already difficult time. Even then, the outcome is not guaranteed.
We are excited to see the outcome of the consultation and whether it leads to meaningful reform that provides greater clarity and fairness for modern families.
How We Can Help
Our family law team has been closely following this consultation since the Government’s announcement in November 2025. We can advise you on:
- Cohabitation agreements and property ownership arrangements
- Pre-nuptial and post-nuptial agreements
- Separation, divorce and financial claims
- Wills, Lasting Powers of Attorney and inheritance planning
We will continue to monitor developments and update clients as the consultation progresses toward legislation. If you would like to understand what these changes mean for you, please contact our family team for expert, confidential advice.
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