BREAKING NEWS: Government Moves to Strengthen Rights for Unmarried Couples
The Government has launched a long-awaited consultation on cohabitation rights which is an important step towards better protection for unmarried couples. For family lawyers, this reform is overdue.
The “Common Law Marriage” Myth
Many still believe in the idea of a “common law marriage”, but in reality, cohabiting couples currently have far fewer rights than married couples or civil partners. This can leave financially vulnerable partners, and children, at risk when relationships end or a partner dies.
The proposals aim to address this gap by introducing stronger financial protections on separation, potential inheritance rights where a partner dies without a will, and improved safeguards for domestic abuse survivors. The consultation also considers whether prenuptial agreements and postnuptial agreements should become legally binding.
As cohabiting couples are now the fastest-growing family type in the UK, the law has struggled to keep pace with modern relationships. Clearer rules could bring much-needed certainty, reduce disputes, and ease pressure on the Family Court.
Cohabiting couples are now the fastest-growing family type in the UK
Cohabitation has become increasingly common across the UK, making cohabiting couples one of the fastest-growing family groups. Figures published by the Office for National Statistics (ONS) show a steady rise in the number of adults choosing to live together without marrying or entering into a civil partnership.
Between 2012 and 2022, the proportion of people aged 16 and over living in a cohabiting relationship increased from 19.7% to 22.7%, representing growth from approximately 5.4 million to 6.8 million people over the ten-year period.
What Rights Do Cohabiting Couples Have?
Many people mistakenly believe that living together for a long period of time, or having children together, gives them the same legal rights as a married couple. This misconception is often referred to as a “common law marriage”. However, no such legal status exists in England and Wales.
Unlike married couples and civil partners, cohabiting partners do not automatically acquire legal rights simply because they live together. As a result, important legal and financial protections that apply to spouses are often unavailable to unmarried couples.
For example, if a relationship ends:
- One partner does not automatically have a right to share in the other’s property or savings.
- There may be no entitlement to pensions, investments, or other assets held solely in the other partner’s name.
- Neither partner is generally required to provide ongoing financial support to the other after separation.
The position can be even more difficult following the death of a partner. If they die without making a valid Will, the surviving cohabiting partner is not automatically entitled to inherit from their estate, regardless of how long the couple lived together or whether they shared a home.
This lack of legal protection can create significant financial uncertainty, particularly where one partner has reduced their working hours or stepped away from their career to care for children or manage family responsibilities. Taking legal advice and putting appropriate arrangements in place can help provide greater security for both partners.
Our thoughts on the proposed reforms
Jane Auty, Partner and Head of Family Law at Thornton Jones says: “The Government’s consultation represents one of the most significant reviews of cohabitation law in recent decades. With millions of couples choosing to live together without marrying, there is growing recognition that the law needs to reflect modern family life while ensuring fairness when relationships end or a partner passes away.”
Has the Cohabitation Rights Bill Been Passed?
At time of writing (June 2026) the Cohabitation Rights Bill has not yet become law, and the legal position for cohabiting couples in England and Wales remains unchanged.
Currently, unmarried couples do not have the same legal rights as married couples or civil partners. This means there is no automatic right to a partner’s property, finances, or inheritance if a relationship ends or a partner dies without a valid Will.
The Government is consulting on potential reforms that could give cohabiting couples greater legal and financial protection in the future. However, until any changes are introduced, cohabiting partners should consider taking steps to protect their interests, such as making a Will or entering into a cohabitation agreement.
Our thoughts on the proposed reforms
Stacey Higgs, Paralegal in the Family Law Team at Thornton Jones says: “Many people still believe that living together for a number of years creates legal rights similar to marriage, but this is simply not the case. We regularly advise clients who are shocked to learn how limited their rights can be. Regardless of whether these proposed reforms become law, planning ahead remains essential.”
What Should Cohabiting Couples Do Now?
Although the Government is considering reforms, the law has not yet changed. Cohabiting couples should not assume they will automatically gain new rights in the near future. If you live with your partner, it may be sensible to:
- Put a cohabitation agreement in place.
- Make or update your Will.
- Review property ownership arrangements.
- Consider how savings and other assets are held.
- Seek legal advice if you are separating.
Taking proactive steps now can help protect your interests regardless of whether future reforms are introduced.
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Contact our specialist Family Law solicitors today
Whether you are moving in with your partner, considering a cohabitation agreement, separating after a long-term relationship, or concerned about your legal rights, obtaining specialist legal advice can help you make informed decisions and avoid costly disputes in the future.
The law surrounding cohabitation can be complex, and many couples are surprised to learn that unmarried partners do not enjoy the same legal protections as married couples or civil partners. Taking advice at an early stage can help you protect your finances, property, and long-term interests.
At Thornton Jones, our experienced Family Law solicitors provide clear, practical guidance tailored to your individual circumstances. We can advise on cohabitation agreements, property disputes, financial arrangements, inheritance concerns, and relationship breakdowns.
To discuss your situation with a member of our team, call us today on 01924 290 029 or complete our online enquiry form, and we will be happy to help.
No. Despite the widespread belief that living together for a long period creates a “common law marriage”, no such legal status exists in England and Wales. Cohabiting couples do not automatically gain the same legal rights as married couples or civil partners, regardless of how long they have lived together or whether they have children.
The outcome will depend on who legally owns the property and whether both partners have a recognised financial interest in it. If only one partner owns the property, the other may still be able to establish rights in certain circumstances. Seeking legal advice early can help clarify your position and avoid disputes.
In most cases, no. Under the current law, unmarried partners are not automatically entitled to inherit from their partner’s estate if they die without a valid Will. This can leave surviving partners in a difficult financial position, particularly where they shared a home or had been together for many years.
A cohabitation agreement is a document that sets out how assets, property, finances, and other matters will be dealt with during the relationship and in the event of separation. It can provide clarity, reduce the risk of disputes, and help protect both partners’ interests.
While having children together does not give cohabiting couples the same rights as married couples, parents do have legal responsibilities towards their children. Issues such as child arrangements, parental responsibility, and child maintenance are governed by separate legal rules and can be addressed regardless of the parents’ marital status.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
