The Government’s recent consultation on the rights of cohabiting couples marks a significant step towards reforming an area of family law that many consider outdated. The consultation, launched on 5 June 2026 nd running until 14 August 2026, seeks views on proposals designed to provide greater protection for unmarried couples when relationships end through separation or death.
Family Law Associate Solicitor, Emily Prince, discusses the Government’s consultation and how this may affect unmarried couples.
Why is cohabitation law under review?
Despite cohabiting couples now representing the fastest-growing family type in the UK, the law has not kept pace with modern family life. Many people mistakenly believe that ‘common law marriage’ gives them legal rights similar to those enjoyed by married couples. In reality, no such legal status exists.
When cohabiting relationships break down, financial claims are often limited and can depend on complex property and trust principles. This can leave one party, particularly a financially vulnerable partner, facing significant uncertainty and hardship.
What is the Government proposing?
The consultation is expected to consider a new legal framework that would provide certain financial protections for eligible cohabitants when relationships end.
Current proposals suggest that couples may qualify if they have lived together for at least three years or have children together, provided the court is satisfied that they were in an enduring family relationship.
The consultation is also expected to consider related issues, including financial remedies on divorce and the position of cohabitants when a partner dies without leaving a Will.
What does this mean for cohabitation agreements?
Regardless of whether reforms are introduced, cohabitation agreements remain one of the most effective ways for unmarried couples to protect themselves and provide clarity about their financial arrangements.
A cohabitation agreement can set out how property, savings, debts, and other assets will be owned during the relationship and dealt with if the relationship ends. It can also record contributions made by each party and help minimise disputes in the future.
Will cohabitation agreements still be necessary if the law changes?
Yes. Even if a new statutory framework is introduced, cohabitation agreements are likely to remain an important tool for couples who wish to define their own arrangements rather than rely on default legal provisions.
Just as pre-nuptial agreements continue to play an important role for married couples, cohabitation agreements can provide certainty and reduce the risk of litigation, ensuring both parties understand their financial position from the start.
What should unmarried couples do now?
Couples who are living together, purchasing property jointly, or making significant financial commitments should consider seeking legal advice about entering into a cohabitation agreement.
As cohabiting partners, we often refer clients who require cohabitation agreements to also review their Wills with our Private Client department, as they would not otherwise automatically inherit from one another under the intestacy rules.
Landmark Moment
The Government’s consultation represents a landmark moment in the ongoing debate around legal protection for unmarried couples. While the details of any future legislation remain to be seen, the direction of travel is clear: the law is beginning to recognise the realities of modern family life.
In the meantime, cohabitation agreements remain a practical way for couples who live together without marrying to set out their financial arrangements clearly. Taking advice early, ideally at the start of the cohabitation or before making significant commitments, can help avoid uncertainty if circumstances change.
How we can help
Our specialist Family Law team can support couples in preparing an agreement constructively and amicably. We explain everything in plain and simple terms, including costs and timescales. Our family lawyers can draft your cohabitation agreement, or can offer independent legal advice on one drafted by another solicitor.
For confidential, friendly advice about cohabitation agreements, call us today on 020 8865 1555 or complete the contact form on our website.
