Cohabitation Rights on Separation: Is the Law Going to Change?
The Government is currently consulting on possible changes to the law for cohabiting couples in England and Wales. The consultation, A Fairer End to Relationships, opened on 5 June 2026 and closes at 11:59pm on 14 August 2026.
Further information is available here: Government consultation document.
At present, cohabiting couples have far fewer legal rights than couples who are married or in a civil partnership. This often comes as a surprise, particularly where a couple has lived together for many years, shared finances or raised children together.
If the proposed reforms are introduced, they could represent a significant shift in the legal protection available to many cohabiting couples and their families.
The Government has recognised that more than 3.5 million couples live together without marrying or entering into a civil partnership. It is considering a new statutory framework that would give eligible cohabitants certain financial rights and protections when a relationship ends. The proposed scheme would be narrower than the financial remedies available on divorce, so marriage and civil partnership would retain their distinct legal status. However, the reforms are intended to give greater protection to people who may otherwise be financially vulnerable, including those who have made caring or non-financial contributions during the relationship.
Cohabitation and intestacy (dying without a Will)
The consultation also looks at whether the law should change so that qualifying cohabitants may have inheritance rights if their partner dies without leaving a valid will. At the moment, cohabiting partners do not automatically inherit under the intestacy rules, which can leave a surviving partner in a very difficult financial position.
Key themes in the consultation
The consultation is guided by four broad principles:
- prioritising fair outcomes for children;
- protecting vulnerable individuals, including survivors of domestic abuse;
- creating a clearer and more accessible legal framework; and
- preserving the distinct legal status of marriage.
- The proposed cohabitation scheme would apply to adults in long-term, committed and interdependent relationships. This may include couples who have lived together for three or more years, or couples who live together and have a child. The starting point would remain that each person keeps what they legally own. The court would only depart from that position where it is necessary to meet defined needs. Any awards would be more limited than those available on divorce, and a clean break would be encouraged wherever possible.
- The proposed intestacy reforms would allow qualifying cohabitants to inherit automatically in certain circumstances where their partner dies without a valid will. The consultation also considers whether qualifying cohabitants should have rights to administer their partner’s estate, and whether time limits should be changed for some claims involving children.
The current law
Cohabitation is when a couple lives together without being married or in a civil partnership. It is the fastest-growing family type in England and Wales, but the law has not developed in the same way as it has for married couples and civil partners. As a result, the legal position for unmarried couples can be limited, complex and often misunderstood.
The myth of “common law marriage”
Many people believe that a couple who has lived together for a long time will automatically acquire similar rights to a married couple. This is often referred to as “common law marriage”. In England and Wales, common law marriage does not exist. No matter how long a couple has lived together, they are treated in law as two separate individuals unless they are married or in a civil partnership.
Key legal issues for cohabiting couples
Property ownership
Property disputes are one of the most common issues when cohabiting couples separate. In general, legal ownership depends on whose name is on the title deeds. A partner who is not named as an owner may need to rely on complex trust law arguments to establish an interest in the property. Contributions to the mortgage, bills or household expenses do not automatically create a legal share.
Financial claims on separation
Unlike married couples, cohabiting partners do not have an automatic right to financial support or maintenance after separation. There is also no general legal framework for dividing assets fairly. In most cases, each person keeps the assets in their own name unless a claim can be established through property or trust law.
Pensions and inheritance
Cohabiting partners have no automatic right to inherit if one partner dies without a valid will. They also do not have automatic rights to pension sharing or survivor benefits in the same way as married couples or civil partners. Without proper planning, a surviving partner may receive little or nothing.
Children
The law treats children separately from financial disputes between adults. Both parents may have financial responsibilities towards their children, and claims can sometimes be made under Schedule 1 of the Children Act 1989 for housing or financial provision. However, these claims are for the benefit of the child, not the former partner personally.
Cohabitation agreements: a practical solution
Because the current legal protection is limited, a cohabitation agreement can be an important way of reducing uncertainty and avoiding disputes.
A cohabitation agreement is a legally binding document that records how a couple intends to manage their finances and property during the relationship and if they later separate. It can cover issues such as ownership of property, contributions to mortgage or rent, responsibility for bills and debts, division of assets, and arrangements for jointly owned possessions.
Ideally, both parties should take independent legal advice before entering into the agreement. They should also provide full and honest financial disclosure and enter into the agreement freely.
Other protective steps
Couples who live together should also consider putting other arrangements in place, including:
- a declaration of trust to record property shares;
- wills to make clear who should inherit;
- life insurance for financial security; and
- careful consideration of whether property should be owned as joint tenants or tenants in common.
Practical advice
If you are moving in with a partner, buying a property together or making significant financial contributions to a home you do not own, it is sensible to take legal advice at an early stage. Clear written arrangements can help avoid misunderstandings and reduce the risk of costly disputes later.
Conclusion
Cohabiting couples in England and Wales currently have significantly less legal protection than married couples or civil partners. The Government’s consultation may lead to important changes, but for now proactive planning remains essential. Cohabitation agreements, wills and clear property documentation can all help protect both partners and reduce the risk of future disputes.
Need advice?
If you would like to discuss your situation or put a cohabitation agreement in place, please get in touch. Early advice can make a significant difference. Contact our Family Team on: 01626 772 441 or law@scottrichards.co.uk