A Fairer End to Relationships: The Future for Cohabiting Couples?

By Laura Woolard

Senior Associate Solicitor

08 July 2026

Article Blog

The Government’s recently published consultation, “A Fairer End to Relationships”, marks what could become the most significant reform of family law in a generation. Alongside proposals to modernise financial remedies on divorce, the consultation seeks views on introducing a legal framework for cohabiting couples when relationships come to an end.

As a family solicitor, I regularly meet clients who are genuinely shocked to discover that the law offers little protection to unmarried couples, regardless of how long they have lived together, whether they own a home together, or whether they have children. The consultation is therefore a welcome acknowledgement that the law has failed to keep pace with modern family life.

One of the biggest misconceptions I encounter is the belief that living together for a certain number of years creates a “common law marriage”. It does not, as the law currently stands. In England and Wales, there is no such legal status. If an unmarried couple separates, there is no equivalent to the financial claims available on divorce. Instead, disputes often depend on complex principles of property and trust law, which can produce uncertain, expensive and, in some cases, unfair outcomes. For many separating couples, particularly where one partner has sacrificed career progression to care for children or contributed in non-financial ways to the relationship, this can come as a devastating surprise.

Cohabiting families are now one of the fastest-growing family types, yet the legal framework has remained largely unchanged. The consultation proposes a needs-based model of financial protection, rather than automatically giving cohabiting couples the same rights as married couples. This is an important distinction.

The proposals are designed to provide protection where genuine financial need exists -particularly for vulnerable partners and those who have suffered economic disadvantage during the relationship – while continuing to recognise marriage and civil partnership as legally distinct institutions.

From a practitioner’s perspective, this appears to strike a sensible balance. The aim is not to make cohabitation equivalent to marriage but to prevent obvious injustice where relationships end and one party is left financially exposed.

Although the consultation is seeking views rather than introducing immediate legislation, the proposals could eventually allow eligible cohabitants to make financial claims following separation. The Government is also consulting on reforms to inheritance rights where a cohabiting partner dies without leaving a valid Will, another area where many families mistakenly assume they are protected. If implemented, these reforms would represent a fundamental shift in how the law recognises modern family relationships.

It is important to remember that these proposals are not yet law. For the time being, unmarried couples remain subject to the existing legal framework. That means anyone buying property together should consider entering into a Declaration of Trust where appropriate, and couples should think carefully about Cohabitation Agreements to record how finances will be managed during the relationship and what should happen if it ends.

Equally, making a valid Will remains one of the simplest and most effective ways to protect a partner, as unmarried couples do not benefit from the same automatic inheritance rights as spouses if a cohabitee dies without a Will.

The consultation represents an important opportunity to modernise family law so that it better reflects the reality of modern relationships and The Law Society of England and Wales are taking steps to seek the views of practitioners to be able to respond accordingly. As family lawyers, we see first-hand the emotional and financial consequences of legal gaps that many people do not discover until it is too late. While there will undoubtedly be debate about where the line should be drawn, recognising the vulnerability of many cohabiting couples is a positive and overdue step.

Whether these proposals ultimately become law remains to be seen. However, one thing is already clear: the longstanding myth of the “common law marriage” continues to leave too many people unprotected, and greater public awareness remains just as important as legislative reform.

For anyone living with a partner without being married or in a civil partnership, now is an excellent time to review your legal arrangements and seek specialist advice before problems arise.

Laura is a Senior Associate Solicitor in Taylor Walton’s Family Law department and can be contacted on 01727 818538 or laura.woolard@taylorwalton.co.uk

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