New Rights for Cohabiting Couples: What Could Change

The Ministry of Justice made headlines last week when it launched a consultation that could transform the legal standing of an estimated 3.5 million unmarried couples in England and Wales. For the first time, the government is formally considering giving cohabitants automatic inheritance rights, stronger financial protections on separation, and the option to make legally binding prenuptial agreements — rights that married couples have long taken for granted.

Why Cohabiting Couples Currently Have So Little Legal Protection

Despite what many people believe, there is no such thing as a "common law spouse" in English law. Regardless of how long two people have lived together — 5, 10, even 30 years — an unmarried partner has no automatic right to the other's estate if they die without a will, and no right to financial support on separation. The legal fiction of the common-law marriage is one of the most dangerous myths in family law, leaving thousands of people each year in genuine financial hardship when a relationship ends or a partner dies.

The result can be devastating. A partner who gave up their career to raise children, or who contributed to a jointly occupied home that happens to be in the other's name, may walk away with very little. If their partner dies intestate — that is, without a valid will — the surviving partner may not inherit at all, even after decades together.

The Myth of Common Law Marriage—and the Real Legal Gap It Leaves

There is no such thing as a "common law spouse" under English or Welsh law. Despite persistent and widespread belief to the contrary, living together for years—even decades, even raising children—creates no automatic legal entitlement if the relationship ends or a partner dies.

When an unmarried couple separates, neither partner has an automatic right to claim maintenance from the other, share assets built up during the relationship, or receive a portion of a jointly-used home held solely in the other's name. If a partner dies without a will, the surviving cohabitant inherits nothing under the intestacy rules, regardless of how long they lived together or how financially dependent they were.

Resolution, which represents 6,500 family lawyers across England and Wales, has campaigned for reform for years. Its Chair Melanie Bataillard-Samuel described the current situation as leaving "unmarried partners at risk of significant financial hardship and uncertainty when their relationship comes to an end."

What the MoJ Consultation Is Proposing

The consultation proposes that couples who have lived together for at least three years, or who share a child, would qualify as cohabitants under a new legal framework. From that point, several protections would apply:

• Financial protections on separation: Courts would be able to award financial remedies when a relationship ends, similar to those available in divorce proceedings.
• Automatic inheritance rights: If a cohabiting partner dies without a will, the surviving partner would have inheritance rights — currently available only to married couples or civil partners.
• Binding prenuptial and postnuptial agreements: Couples could create legally enforceable agreements about how assets would be split on separation.
• Domestic abuse provisions: Courts would be required to take controlling or coercive behaviour and economic abuse into account when deciding financial outcomes.

Justice Secretary David Lammy described the reforms as giving people "the certainty they need to rebuild their life" after a relationship ends. Resolution, a body representing family law practitioners, called the reforms long overdue.

What This Means If You're in a Cohabiting Relationship Now

It is crucial to understand that this is a consultation, not a law — yet. The consultation closes on 14 August 2026, and any legislation will take time to pass through Parliament. Until then, the current rules apply in full.

That means if you're cohabiting and your partner has no will, you could inherit nothing. If you separate, you may have very limited financial recourse regardless of your contribution to the relationship. The proposed reforms would be significant, but they are not a reason to delay taking legal advice.

The most immediate and practical steps cohabiting couples can take right now are:

• Make a will — this is the single most important step. A valid will ensures your partner inherits what you intend, regardless of what Parliament does next.
• Consider a cohabitation agreement — a legally drafted document that sets out how assets, finances, and property would be dealt with if the relationship ends.
• Take advice if you own property together — the way you hold property as joint tenants or tenants in common has significant consequences that many couples don't realise until it's too late.

Even if the reforms pass in their current form, the Law Society has cautioned that without adequate legal aid and court resources, "these new protections may only exist on paper" for many people.

Why a Will and a Cohabitation Agreement Are the Practical Answer

While the consultation works its way through Parliament—and possibly beyond—cohabiting couples have two practical tools available today that provide the certainty the law does not.

A will is the most powerful step any cohabiting person can take. It allows you to make explicit provision for your partner, override the intestacy rules, and ensure what you intend to happen actually happens. Without one, your partner could be left with nothing.

A cohabitation agreement sets out how assets, property, and finances would be divided if the relationship ended. It is not legally binding in the same way as a court order, but it creates a clear record of mutual intentions, reduces the scope for dispute, and significantly strengthens a partner's position in any future proceedings.

Neither document signals a lack of trust or an expectation of failure. They are how couples who care about each other take practical steps to protect what they've built together.

What Should You Do Next?

If you're in a cohabiting relationship and unsure about your legal position — whether around property ownership, inheritance, or financial protection — the QualitySolicitors first contact team can match you with a specialist family law solicitor in your area. An initial conversation could make a significant difference to your peace of mind and your financial future. Call us or use our online finder to get started today.