Cohabitee Reform

In June 2026 the UK Government published a consultation paper in order to consider reforming the law relating to cohabitees, aimed at strengthening the financial rights of unmarried couples if they split up.

It is estimated that there are c.3.5 million unmarried couples in the UK.  Currently they enjoy minimal or no rights if the relationship would come to an end, leaving adults and children in vulnerable circumstances.  The current Government has committed to strengthening the rights of cohabitating couples, not necessarily to bring them in line with those of married couples, but to give increased protection.  

Currently, unmarried couples have limited rights if the relationship breaks down, or one party dies.  Too many people still believe in the concept of ‘common law marriage’, but there is no such legal status.  As a result, cohabitating partners can face significant financial hardship when a relationship ends. 

The consultation is likely to focus on several areas, including making provision for a cohabitee where a partner dies without a Will, considering simplifying financial claims, including against property, when a cohabiting relationship breaks down and considering the weight that should be given to the impact of domestic abuse when looking at financial provision.

The consultation is likely to seek the views of lawyers, campaign groups, family organisations, the public and academics, before any detailed legislation is introduced.  

Legislation for unmarried couples can represent potentially transformative movements in Family Law.  The Government will need to balance how legal protections can be extended to cohabitating couples, whilst preserving the unique status of marriage.  It remains to be seen whether any resulting reform will prove to be modest or far reaching, however, any reform is likely to shape the rights and responsibility of millions of couples who live together across England and Wales for years to come.

How can we help?

Our specialist Family Law team are able to provide you with advice and information about all aspects of family law. Contact our team by telephone on 0133 222 5225, complete our contact form, or send us an email via info@smithpartnership.co.uk. 

We have offices across the East Midlands and Staffordshire with expert family solicitors, in Burton, Derby, Stoke-On-Trent, Leicester and Swadlincote.