Legal reform to protect cohabiting couples – is change happening at last?
Wards Solicitors has welcomed the government’s launch of a long-awaited consultation on cohabitation reform.
The consultation, called A Fairer End to Relationships, asks for views on reforms which could give the 3.5 million unmarried couples who currently live together in the UK more financial protection if they separate. For example, some people could gain access to a share of a house sale to help secure their financial future.
It will run for ten weeks until 14 August with views invited from the public, lawyers, academics, charities and other stakeholders.
The government’s decision has been applauded by Resolution, the community of family justice professionals to which many Wards Solicitors’ family lawyers belong.
Its Chair, Melanie Bataillard-Samuel, said: “For too long, unmarried partners have been placed at risk of significant financial hardship and uncertainty when their relationship comes to an end through separation or death. The current law has simply not kept pace with changes in society and often enables perpetrators of domestic abuse to continue that abuse after a relationship has ended.
“…we look forward to these reforms being implemented to create a system that is fit for modern society.”
What could these reforms mean for cohabiting families?
The consultation covers three connected areas affecting families when relationships end:
- Reforming the law for cohabitants on separation – looking at a statutory framework of rights to provide more protection from financial difficulties when a relationship ends for vulnerable groups like women, children and victim- survivors of domestic and economic abuse who are often disproportionally affected.
- Reforming the law for cohabitants on intestacy – looking at ways to modernise the law on intestacy and access to financial provision from a deceased partner’s estate. Currently, cohabitants have no automatic right to inherit when a partner dies without a valid Will in place.
- Reforming the law of financial remedies on divorce and dissolution – this includes targeted reforms such as introducing qualifying nuptial agreements enabling couples to make binding financial arrangements in advance of divorce or dissolution.
Why does the law need updating?
Married couples have automatic legal rights which cohabiting partners do not share. As a cohabitee, you have:
- No automatic right to come out of the relationship with what you consider a fair reflection of what you have put into it. For example, if you bought a property together but didn’t formally set out the shares of ownership and how the sale proceeds were to be divided if you separated, you may not get what you think is just.
- No rights to a property you may have lived in for years if it was solely owned by your deceased partner.
- No automatic right to inherit your partner’s property and estate– even if you have lived together for many years and have children together – if your partner dies without a valid Will in place.
- No right to spousal maintenance or your partner’s pension.
- No tax benefits to cohabiting, unlike marriage or civil partnership.
- No automatic parental responsibility as a biological father if you are not named on the child’s birth certificate, unlike married fathers.
What should cohabiting couples do now?
Many cohabiting couples remain unaware they have inferior legal protection when it comes to finances and property compared to married couples with an ongoing misconception that common law marriage exists.
The reality is that breaking up with a cohabiting partner can leave you and your children in a financially vulnerable position.
Understanding this now is important because it means you can take steps to protect your legal position and that of any children.
If your relationship is breaking down: Our skilled lawyers can help you to resolve your difficulties with your partner, either by negotiating a settlement or if necessary, taking the matter to court.
If you are in, or starting, a cohabiting relationship: Our lawyers can help you with drafting agreements which can provide some protection, including:
- A Cohabitation Agreement which sets out what agreements you have reached with your partner about finances, property and children.
- A Declaration of Trust which deals with any property owned by you.
- Making and regularly reviewing your Will, which will provide protection for your loved ones on your death.
Get in touch
Wards Solicitors is recommended in the independent Legal 500 guide for 2026 for its outstanding professional service standards and high levels of expertise amongst its lawyers.
Our specialist Cohabitation Team is made up of solicitors Chloe King and Rebecca Max. Both members of Resolution, the family justice organisation which has played a key role in calling for cohabitation reform.
Chloe and Rebecca can help with disputes about property ownership, whether registered in joint names or one person’s sole name.
This includes unmarried couples, family members and friends who may find themselves in a difficult situation if one person wishes to sell the property or move out.
Contact them to arrange a free 30 minute, no obligation initial consultation.
Email: chloe.king@wards.uk.com Phone: 0117 986 3504
Email: rebecca.max@wards.uk.com Phone: 01454 204880