No Common Law Marriage: Could Cohabiting Couples Finally Get Legal Rights?

More couples than ever are choosing to live together without getting married or entering into a civil partnership. According to the latest figures from the Office for National Statistics, cohabiting couples are the fastest-growing family type in the UK. Yet despite their prevalence, the law has largely failed to keep pace with modern relationships.

Many people still believe that living together for a certain number of years creates a "common law marriage" that provides rights similar to those enjoyed by married couples. In reality, no such legal status exists in England and Wales (unlike Scotland, which already provides limited statutory remedies for cohabitants).

That gap between public perception and legal reality has long been a source of concern among lawyers, judges, and campaign groups. Now, following the Ministry of Justice's formal consultation on reforming cohabitation rights, the issue is firmly back in the spotlight. For millions of couples, the outcome could have significant consequences for finances, property ownership, and future security.

The Persistent Myth of Common Law Marriage 

The phrase "common law spouse" is deeply embedded in public consciousness. People often assume that after living together for several years, sharing finances, or raising children together, they will automatically acquire legal rights similar to those available on divorce.

That assumption is understandable. Cohabiting couples frequently build lives together in much the same way as married couples. They may buy property, share household expenses, support one another financially, and raise children together.

However, the law currently treats marriage, civil partnership, and cohabitation very differently. When a married couple divorces, the courts have broad powers to redistribute assets, order maintenance payments, and make financial arrangements based on fairness and future needs.

When an unmarried couple separates, those powers generally do not exist. Instead, disputes are often determined through strict property and trust law rather than family law. That distinction can produce surprising and sometimes harsh outcomes. 

Why Reform Is Being Discussed 

Concerns about cohabitation rights are not new. Over the years, the Law Commission, parliamentary committees, and legal professionals have raised questions about whether existing laws properly reflect modern family life.

Some argue that the law has fallen behind social reality. Many couples deliberately choose not to marry. Others intend to marry but never get around to it. Some may incorrectly assume they already enjoy legal protections because they have lived together for a long time.

Whatever the reason, when relationships break down, some individuals can find themselves unexpectedly vulnerable. 

The issue becomes particularly acute where: 

• One partner gives up work to care for children  
• One person contributes financially to a property owned by the other  
• Assets are held in a single name
• There is a significant difference in earnings 
• One partner becomes financially dependent on the other

These situations often create disputes that existing legal frameworks do not always address satisfactorily. 

What Could the Reforms Look Like? 

In June 2026, the Ministry of Justice launched a formal consultation titled A fairer end to relationships, which closed on 14 August 2026. While the government is currently reviewing consultation responses before introducing legislation, the proposals give a clear indication of how the law could change. 

Importantly, the consultation proposals are not aimed at creating "marriage without marriage". Instead, the government is consulting on a narrower, needs-based safety net designed to prevent serious financial hardship when committed relationships end.

Under the consultation proposals currently under consideration:

• Eligibility: Protections would apply automatically to committed couples who have lived together for at least three years, or who live together and share a child. 
• Opt-out option: Couples who do not wish to be covered by the statutory framework would be able to formally opt out by agreement.
• Needs-based remedies: Rather than sharing assets equally as on divorce, the starting point would remain that each partner keeps what they legally own, with courts stepping in only to meet defined financial needs, prioritising any children and focusing on a clean break. Ongoing maintenance would be limited to exceptional, time-limited circumstances (such as serious health issues).
• Domestic and economic abuse: Courts would also be required to give greater weight to the impact of domestic abuse, including controlling, coercive, or economic abuse, when determining financial outcomes.  

While any new legislation will still need to pass through Parliament before taking effect, even this targeted framework would mark a major shift for families across England and Wales.  

Property Disputes Remain a Major Problem 

For many cohabiting couples, the family home represents the most valuable asset they own. Yet property ownership is one of the areas that most frequently creates difficulties when relationships end. 

Where both partners are named on the title deeds, ownership is generally easier to establish, particularly if their respective shares are recorded in a Declaration of Trust. Problems often arise when a property is owned by only one partner. 

Many people assume that paying household bills, contributing to renovations, or living in a property for many years automatically creates ownership rights. Unfortunately, the legal reality can be much more complicated. 

Disputes often depend on detailed evidence regarding financial contributions, intentions, and agreements between the parties under trust law.  These cases can become lengthy, stressful, and expensive. Some have the belief that family courts are better placed than strict property law principles to deal with the realities of modern relationships. 

What About Children? 

The legal position is different when children are involved. Parents have responsibilities towards their children regardless of whether they are married. Child maintenance obligations, for example, do not depend on marital status. 

However, financial provision for children's needs should not be confused with financial remedies between adults. An unmarried parent may be able to pursue claims relating to a child's welfare, housing, or support in certain circumstances (such as under Schedule 1 of the Children Act 1989). That does not mean they have a general right to share assets accumulated during the relationship. The distinction frequently causes confusion following separation. 

Why Death Can Create Serious Issues for Unmarried Partners 

The consequences of not being married are not limited to relationship breakdown. Death can create equally serious problems. Many cohabiting partners assume they will automatically inherit from one another. 

In fact, the intestacy rules do not provide automatic inheritance rights for unmarried couples in England and Wales. If someone dies without a valid Will, their estate is distributed according to a statutory order of priority,meaning a surviving cohabiting partner may receive nothing.  

This can come as a devastating surprise, particularly where a couple shared a home, children, and finances for many years. Some forms of legal claim may be available after death (such as under the Inheritance (Provision for Family and Dependants) Act 1975), but they can be complex, costly, and uncertain. The issue is one reason private client practitioners continue to emphasise the importance of making a valid Will.  

Could Inheritance Laws Change Too? 

Alongside reforms on separation, the Ministry of Justice's 2026 consultation also proposed modernising intestacy rules for cohabitants.  

Under these proposals, qualifying long-term cohabitees, those meeting the same three-year or shared-child criteria, would gain automatic inheritance rights if their partner dies without a valid Will. 

Supporters argue that the law should reflect the reality of modern family structures. Opponents caution that automatic rights could create uncertainty and interfere with personal freedom of choice, which is why the government has also proposed allowing couples to opt out. Until Parliament passes legislation, however, the existing intestacy rules remain in force.  

Why Cohabitation Agreements Are Becoming More Popular 

While waiting to see whether reforms materialise into law, many couples are taking steps to clarify their position through cohabitation agreements.  

These agreements can address matters such as: 

• Ownership of property 
• Responsibility for household expenses 
• Financial arrangements during the relationship  
• What should happen if the relationship ends 

Although they cannot solve every issue, they help reduce uncertainty and potential disputes and under the proposed reforms, formal agreements would also play a central role if a couple wishes to opt out of statutory rules.  

They are particularly common where: 

• One partner owns property before the relationship begins 
• Parents contribute towards a home purchase 
• A couple wishes to protect separate assets 
• Business interests are involved 

Discussing these issues at the outset of a relationship is not always comfortable, but it can provide valuable clarity in the future. 

Why Making a Will Remains Essential 

Whatever reforms may arrive in the coming years, one piece of advice remains remarkably consistent. Unmarried couples should not assume the law will automatically protect them.  A valid Will remains the single most important way to provide financial security for a partner.  

A properly drafted Will can: 

• Specify who inherits your estate 
• Appoint executors 
• Provide for children 
• Create trusts where appropriate 
• Reduce uncertainty for loved ones 

Without one, the wishes many people assume will be followed may not be reflected in the legal outcome.  

What Should Cohabiting Couples Do Now? 

At present, the law has not yet changed. Even with the government reviewing responses to its 2026 consultation, any new legislation will take time to pass through Parliament.  

Couples should therefore make decisions based on the current legal position rather than waiting for future legislative change.  

Practical steps include: 

• Reviewing property ownership arrangements (and putting a Declaration of Trust in place where shares are unequal)  
• Making or updating Wills  
• Considering a cohabitation agreement  
• Reviewing pension beneficiary nominations  
• Keeping financial records where contributions are shared 
• Seeking legal advice where significant assets or children are involved 

These steps provide immediate certainty regardless of how future reforms take shape.