Unmarried Couple Reform UK: Key Proposed Changes

The Government has launched a consultation on the legal rights of unmarried couples, which opened on 5 June 2026 and will run for 10 weeks until 14 August 2026. The consultation represents a significant step towards modernising family law and recognising the changing nature of relationships in England and Wales.

As more couples choose to live together without marrying or entering into a civil partnership, questions have increasingly been raised about whether the law provides adequate protection when relationships break down or when one partner dies. The consultation seeks to address these concerns and consider whether legal reform is needed to better reflect modern family life.

Why Is Reform Being Considered?

According to the Government, more than 3.5 million couples in the UK are currently cohabiting. Rising housing costs, changing social attitudes and evolving family structures mean hat many people are choosing to build lives together, share finances and raise children without formalising their relationship through marriage.

Despite this, the legal protections available to cohabiting couples remain significantly different from those available to married couples and civil partners. Many people are surprised to learn that there is no such thing as a “common law marriage” in England and Wales, regardless of how long a couple has lived together.

As a result, individuals can find themselves financially vulnerable following separation, particularly where one partner has become financially dependent on the other or has sacrificed career opportunities to care for children.

Key Proposals Under Consideration

The consultation explores several important areas of reform, including:

Point 1 – Greater Financial Protection Following Separation

The Government is considering introducing a legal framework that would provide greater financial security for cohabiting couples when relationships end. This could be particularly beneficial for individuals who have contributed to the relationship in non-financial ways, such as caring for children or supporting a partner’s career.

Point 2 – Improved Protection for Victims of Domestic Abuse

The proposals recognise that financial dependency can make it difficult for individuals to leave abusive or controlling relationships. Reform could provide greater financial protection for survivors of domestic abuse, regardless of whether they are married, helping them to achieve financial independence and security after separation.

Point 3 – Inheritance Rights for Bereaved Partners

Currently, unmarried partners do not automatically inherit from each other if one partner dies without a valid Will. The consultation is considering whether cohabiting partners should receive automatic inheritance rights in certain circumstances, reducing uncertainty and financial hardship during an already difficult time.

Point 4 – Recognition of Modern Family Structures

The Government has emphasised the importance of ensuring that family law reflects the realities of modern relationships. The consultation aims to create a legal framework that offers fairer protection to families who choose not to marry while maintaining appropriate safeguards.

Who Would Be Eligible?

Under the proposals being considered, cohabiting couples may need to have lived together for a minimum period, potentially three years, or share a child together before they can access any new legal protections.

The courts would also need to be satisfied that the couple were in a genuine and enduring family relationship.

These criteria are intended to ensure that any future legal framework applies to committed relationships while avoiding unintended consequences for more casual living arrangements.

What Happens Next?

The consultation period will remain open until 14 August 2026. The Government will then review responses from legal professionals, organisations and members of the public before deciding whether to introduce legislative reform. Any final changes would require parliamentary approval and would be implemented when parliamentary time allows.

What Does This Mean for You?

While these proposals represent a potentially significant shift in the law, the current legal position remains unchanged. If you are experiencing difficulties following the breakdown of a cohabiting relationship, it is important to obtain legal advice based on the law as it stands today.

Issues involving property ownership, financial contributions and arrangements for children can be complex, particularly when unmarried couples separate. Unlike married couples, cohabiting partners do not have the same legal rights on separation. Disputes about property ownership are often dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), while financial claims made on behalf of children can be brought under Schedule 1 of the Children Act 1989.

Our specialist family law team regularly advises cohabiting couples on separation, child arrangements, Schedule 1 applications and TOLATA claims. We understand that relationship breakdown can be both emotionally and financially challenging, and we are committed to providing clear, practical and compassionate advice tailored to each client’s circumstances.

If you would like to discuss your situation or understand your legal options, please contact our family law team for expert guidance.