Around 3.5 million couples are currently cohabiting in England and Wales, making it one of the fastest-growing family structures in the country. The law, however, has not kept pace with that change. On 5 June 2026, the Ministry of Justice opened a public consultation called A Fairer End to Relationships, proposing some of the most significant reforms to family law in decades.
The consultation will go on until 14 August 2026 and covers three connected areas: financial remedies on divorce, financial rights for cohabiting couples on separation, and inheritance rights for cohabiting partners when one of them dies. These proposals aren’t law yet, in fact, they’re still being shaped by public discussion. Let’s talk about what the law is now, what might change, and how to have your say.
What cohabiting couples are currently entitled to
Contrary to popular belief, there is no such thing as common law marriage in England and Wales. Cohabiting couples do not have the same legal rights as married couples or civil partners, regardless of how long they have lived together, whether they have children, or how they have organised their finances.
If you separate from a cohabiting partner, you have no automatic right to a share of assets held in their name and no right to maintenance. Property disputes between unmarried couples are resolved through trust and land law, specifically through claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) or by establishing a beneficial interest in a property. These are routes that were not designed with relationship breakdown in mind, and they’re both complex and costly.
Financial claims involving children are handled separately, through Schedule 1 of the Children Act 1989, and are limited to provision for the benefit of the child rather than the parent.
If a cohabiting partner dies without a valid will, the surviving partner has no automatic right to inherit under the intestacy rules. The estate passes to the deceased’s blood relatives, regardless of the length or nature of the relationship.
What does the consultation propose for cohabiting couples who separate?
For the first time, the consultation proposes a statutory framework of financial rights for eligible cohabitants when a relationship ends. The proposed model is deliberately more limited than the financial remedy process on divorce, to preserve a distinction between the legal consequences of marriage and cohabitation.
Who would be eligible
Eligibility would be limited to adults in a committed relationship who have lived together for at least three years, or who have a child. A two-year time limit to bring a claim after the relationship ends has also been proposed.
How financial claims would work
The proposed approach is needs-based. Each person would start from the position of keeping what they legally own, with the court departing from that only where necessary to meet defined financial needs. Children’s welfare would be the first consideration.
The consultation is explicit that cohabitants should not achieve more favourable outcomes than spouses in comparable circumstances, so this is not a route to asset-sharing in the way divorce proceedings can be. Maintenance, where ordered, would be exceptional and for a limited time. The remedies available would include property transfers, lump sum payments, and pension sharing.
The opt-out
Couples who do not want these rights would be able to exclude them by written agreement, subject to safeguards similar to those proposed for qualifying nuptial agreements. The opt-out is designed to preserve the autonomy of couples who have made a deliberate decision not to marry and do not want to take on mutual financial obligations in the event of separation.
What if your cohabiting partner dies without a will?
Under the current intestacy rules, a surviving cohabiting partner has no automatic entitlement. The estate passes to the deceased’s children, then to other blood relatives. A surviving cohabitant’s only route to financial provision is a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which requires demonstrating that the will or intestacy rules failed to make reasonable financial provision for them. These claims are not straightforward, and there is no guarantee of success.
The consultation proposes extending intestacy rights to qualifying cohabitants so that they would inherit automatically, in the same order of entitlement as a spouse. The government’s preferred approach would require a relationship of marriage-equivalence to qualify, which is a higher threshold than that proposed for the separation framework, and a minimum duration period is being considered.
If you are cohabiting and want to provide for a surviving partner, or want to ensure you are provided for, a valid will is the protection you need. We would recommend speaking to a wills and probate solicitor if this is something you have not yet addressed.
Barring this, surviving cohabitant’s only current route to financial provision is to claim under the Inheritance (Provision for Family and Dependants) Act 1975, which requires demonstrating that the will or intestacy rules failed to make reasonable financial provision for them. These claims are not straightforward, and there is no guarantee of success.
For advice on financial protections available to cohabiting couples under the current law, our specialist solicitors can help. Harbour Family Law has been advising clients across Bristol, Portishead and Clevedon on cohabitation agreements and financial arrangements since 2013, and are known for our empathetic, bespoke approach. Get in touch to arrange an initial consultation over a hot drink with one of our team.
Changes proposed for divorcing couples
The current law on financial remedies on divorce is primarily from the Matrimonial Causes Act 1973, developed through decades of case law. The Law Commission’s 2024 scoping report found that this reliance on judge-made principles creates uncertainty that makes it harder for couples to resolve finances without going to court, and more difficult for individuals to understand their position without legal advice. The consultation proposes a “codification-plus” model: writing the established principles of needs and sharing into statute, making the framework more accessible and outcomes more predictable, while retaining judicial discretion in individual cases.
The proposed approach to needs would be assessed in three stages: children’s welfare first, then each individual’s capital and income needs, then further discretionary needs where resources permit.
How may nuptial agreements change?
Pre-nuptial and post-nuptial agreements are not legally binding in England and Wales under the current law, though courts give them significant weight where they have been properly prepared. The consultation proposes making them binding as qualifying nuptial agreements (QNAs), subject to the following:
- Full financial disclosure by both parties
- Independent legal advice for each party
- Execution as a deed
- Signed at least 28 days before the wedding
Couples would not be able to contract out of meeting each other’s financial needs, or the needs of any children. For anyone considering a pre-nuptial or post-nuptial agreement, properly drafted agreements already carry real weight with the courts. The proposed change would simply cement enforceability in law.
Domestic abuse and financial outcomes
The consultation invites views on whether courts should give greater weight to coercive control, economic abuse, and other misconduct when determining financial needs and outcomes on divorce and for cohabitants on separation. Economic abuse, which includes controlling access to money, sabotaging employment, and accumulating debt in a partner’s name, is recognised under the Domestic Abuse Act 2021 and can have significant and lasting financial consequences. Whether it should more explicitly affect financial outcomes on separation is one of the questions the consultation is putting to respondents.
This isn’t law yet
The consultation closes on 14 August 2026. After that, the government will consider responses before deciding whether and in what form to legislate, a process that will most likely take several months. Implementation of any legislation would take longer still.
If you are going through a divorce now, the current law applies to your case and the consultation does not affect proceedings already under way.
For cohabiting couples, the current legal position will still apply for some time A cohabitation agreement sets out how finances, property, and living costs will be managed during the relationship and on separation, and a declaration of trust records the intended shares of ownership in a property. These agreements operate under existing law and do not depend on any future reform.
For married couples or those planning to marry, nuptial agreements already work, and courts already take them seriously when they are well prepared. The proposed reform would cement this.
Have your say
The consultation is open to the public, not only legal professionals, and responses are welcome until 14 August 2026. You can submit your views via the official consultation page on the Ministry of Justice website.
If you have questions about how the current law affects your situation, or want to put protections in place ahead of any future reform, our experienced team can advise you. We have repeatedly ranked highly in the Legal 500 and Chambers and Partners Guide for family law in the South West, and all of our solicitors are members of Resolution, the professional body committed to resolving family law matters constructively and without unnecessary conflict.
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