For years, many couples in the UK have believed that living together for a certain period of time gives them the same legal rights as married couples. However, the concept of a “common law marriage” is largely a myth. Under current law, unmarried couples who live together often have far fewer rights than those who are married or in a civil partnership.
That could soon change. The Government has recently launched a consultation on reforms that could strengthen the legal rights of millions of cohabiting couples across England and Wales. If implemented, these proposals would represent one of the most significant changes to family law in a generation.
Why Is the Government Considering Reform?
The number of unmarried couples living together has grown significantly over the past decade, making cohabiting couples one of the fastest-growing family types in the UK. Despite this shift in modern family life, the law has not kept pace, leaving many people financially vulnerable if a relationship breaks down or a partner dies unexpectedly.
The Government says the proposed reforms aim to provide greater protection for vulnerable partners while maintaining a clear distinction between marriage and cohabitation. Any new rights would be more limited than those available to married couples.
What Changes Are Being Proposed?
While the consultation is ongoing and no final decisions have been made, several key reforms are being considered.
Financial Protection After Separation
One of the most significant proposals would allow eligible cohabiting couples to make financial claims when a relationship ends. Currently, unmarried couples generally have no automatic right to share assets, savings, pensions, or property owned by their partner.
Under the proposals, couples who have lived together for at least three years, or who share a child, may be able to seek financial remedies through the courts if they separate. Courts would also need to be satisfied that the couple were in an enduring family relationship.
Greater Inheritance Rights
Another major proposal would grant certain cohabiting partners automatic inheritance rights if their partner dies without leaving a will.
At present, unmarried partners can face significant difficulties when a partner dies intestate, even after many years together. The proposed reforms aim to reduce uncertainty and provide greater financial security for surviving partners.
Stronger Protection for Domestic Abuse Victims
The consultation also suggests giving greater weight to domestic abuse when courts consider financial outcomes following separation. This would include not only physical abuse but also coercive control, economic abuse, and other forms of harmful behaviour that can have a significant impact on a person’s financial position.
Who Would Qualify?
The Government is not proposing that every couple who lives together automatically gains legal rights. Current proposals suggest that couples would need to have lived together for at least three years or have a child together. The courts would also need to determine that the relationship was an enduring family relationship before any protections could apply.
This approach is designed to balance greater protection for vulnerable individuals, preserving marriage as a distinct legal institution.
What Does This Mean for Couples Today?
It is important to remember that these reforms have not yet become law. The Government is currently consulting on the proposals and will consider responses before deciding whether to introduce legislation. Any changes are likely to take time before they come into force. For now, unmarried couples remain subject to the current legal framework, which provides significantly fewer protections than marriage or civil partnership.
Steps Couples Can Take Now
While the law remains unchanged, there are practical steps cohabiting couples can take to protect themselves:
- Create a valid will to ensure your partner is provided for.
- Consider a cohabitation agreement setting out financial arrangements.
- Keep clear records of contributions to property and shared assets.
- Review ownership arrangements for any jointly owned property.
- Seek legal advice if you are unsure about your rights and obligations.
Taking these steps can help reduce uncertainty and minimise the risk of disputes should circumstances change in the future.
Common Misconceptions About Cohabitation
One of the biggest misconceptions is the belief that living together for a certain number of years automatically gives unmarried couples the same legal rights as married couples. In reality, there is currently no legal concept of “common law marriage” in England and Wales. While couples who jointly own a property may have rights in relation to that property, there is no automatic entitlement to a partner’s savings, investments, pension or income. Financial claims are generally limited, with ongoing income claims typically restricted to child maintenance where children are involved.
Misconceptions regarding cohabitation can leave individuals vulnerable, particularly where one partner has given up work to care for children, contributed to a home they do not legally own, or relied on their partner’s income. Understanding the current legal position is essential until any reforms are formally introduced.
The Government’s proposed reforms could bring significant new protections for millions of unmarried couples across England and Wales. From financial claims on separation to inheritance rights and greater protection for domestic abuse victims, the changes aim to reflect the realities of modern family life while remaining distinct from marriage.
However, these proposals are still under consultation and may change before becoming law. Until then, cohabiting couples should not assume they have the same rights as married couples and may wish to consider legal measures such as wills and cohabitation agreements to protect their interests.
As family law continues to evolve, staying informed about these potential changes could help couples make better decisions about their financial and legal future.
