The Government has launched a consultation on family law reform that could give cohabiting couples in England and Wales stronger legal protections in the future. The consultation opened on 5 June 2026 and closes on 14 August 2026.
This is an important development because, at present, unmarried couples who live together have very limited legal rights compared with married couples or civil partners. Despite the common myth of “common law marriage”, living together does not automatically give the same legal protection.
What is being proposed?
The consultation is looking at whether eligible cohabiting couples should have access to a new legal framework if their relationship ends. The Government has said any new rights would be more limited than those available on divorce, but they could still offer valuable financial protection where one partner is left vulnerable after separation.
It is also considering whether a surviving cohabiting partner should have automatic inheritance rights if their partner dies without a Will. At the moment, cohabiting partners do not automatically inherit under the intestacy rules in England and Wales.
The proposals are particularly focused on protecting people who may be financially disadvantaged in a relationship, including those affected by domestic abuse, economic abuse, financial dependence, and families with children.
Why does this matter?
The Government says there are now over 3.5 million unmarried couples living together, showing just how many families could be affected by these possible reforms.
If the law does change in future, it could have a major impact on:
- financial and property claims when cohabiting couples separate;
- inheritance rights when one partner dies without a Will;
- protection for vulnerable partners and families.
Has the law changed yet?
No - not yet. These are proposals only, and the Government is currently asking for views before deciding whether to introduce legislation.
For now, the legal position remains the same: cohabiting couples do not have the same rights as married couples or civil partners simply because they live together.
What should couples do now?
Until any reform is passed into law, it is sensible for cohabiting couples to take practical steps to protect one another, such as:
- making a valid Will;
- reviewing how property is owned;
- considering a cohabitation agreement where appropriate.
If you live with a partner and would like advice on Wills, estate planning, or practical ways to protect each other, now is a good time to review your arrangements.
