Cohabiting couples are now one of the fastest‑growing family types in England and Wales. Many couples choose to live together, raise children and build significant wealth without marrying or entering a civil partnership. Yet the law has not kept pace with modern relationships.
With the Government expected to consult on cohabitation reform in 2026, this is a timely moment for unmarried couples to understand where they stand today. Its also important to understand what may change.
The Ever-Damaging Myth of the ‘Common Law Marriage’
Despite what many people still believe, there is no such thing as a “common law marriage” in England and Wales. This is a hard truth, there is no point in sugar coating it, the message still needs to get through: Living together, even for decades, does not create automatic legal rights between partners.
This is one of the most difficult conversations, we, as family lawyers have. It can come as a huge shock when a relationship ends or one partner dies. Unlike married couples, separating cohabitants do not have access to a broad system of financial claims based on fairness, needs or contributions over time. The court’s powers are very limited and outcomes can feel arbitrary and deeply unsatisfactory.
What Happens if a Cohabiting Relationship Ends?
If unmarried partners separate, disputes about property are dealt with under complex trust and land law principles, not family law. This often means:
- There is no automatic right to share assets, pensions or savings built up during the relationship.
- Property disputes depend heavily on legal ownership and evidence of intention, rather than what feels fair.
- Claims are frequently expensive, technical and emotionally draining.
For couples with children, limited claims may be made under child‑focused legislation (Schedule 1 Children Act 1989) to meet a child’s housing or financial needs. However, these applications are not designed to provide long‑term financial security for the caregiving parent in the way that the law in financial remedies can.
What Happens on Death?
If one cohabiting partner dies without a will, the surviving partner does not automatically inherit, regardless of the length or seriousness of the relationship. While some claims may be possible, they are uncertain, stressful, and rarely a substitute for proper planning.
This is an area where cohabiting couples are particularly exposed, especially where family wealth, businesses or inherited assets are involved.
Reform – Back on the Agenda?
The growing gap between family life and the law has been acknowledged for some time. A revisit long‑standing proposals about providing greater protection for certain cohabiting couples is back on the agenda.
While no final decisions have been made, discussion is likely to focus on questions such as:
- Who should qualify for any new legal protections?
- Should rights arise automatically, or should couples be required to opt in (or out)?
- How can reform protect the vulnerable without undermining personal autonomy or private wealth planning?
Any reform is likely to be carefully balanced and may take time to develop.
Waiting is Not an Option
Even if the law changes it will be littered with caveats, technical thresholds and exclusions. Couples may fall outside any new scheme or may prefer certainty rather than relying on future legislation.
This is particularly important for:
- Couples with unequal wealth
- Partners who have stepped back from work to support family life
- Those with businesses, trusts or international assets
- Parents planning long‑term arrangements for children
Assuming the law will “catch up eventually” can leave people dangerously exposed.
Taking Action
There are many practical and legally sound steps that couples can consider taking now to give protection to their situation
These include:
- Cohabitation or Living Together Agreements – regulating and making clear how the couple intend to manage their lives whilst living together and setting out what should happen if the relationship ends
- Clear property ownership arrangements at the point of purchase such a Declarations of Trust.
- Wills that reflect each partner’s intentions
- Thoughtful financial and estate planning, particularly where children or blended families are involved
Far from being pessimistic, these conversations often bring clarity, security and peace of mind.
Cohabitation reform is long overdue, and the forthcoming consultation is a positive sign that modern family life is finally being taken seriously. But legal change takes time, and uncertainty remains.
For unmarried couples in England and Wales, the key message is simple. Understanding the current law, understand your legal rights and take advice early to empower and plan. Prevent distress, conflict and costly disputes later on.
If you are cohabiting, thinking of living together, or navigating a second relationship with children or assets to protect, now is the time to have open, informed conversations about the future.
We Can Help
Discussions about navigating separation as an unmarried couple, cohabitation and living together agreements can be emotionally charged and complex. Our family law specialists can help you reach clear, fair, and sustainable arrangements, whether through negotiation, mediation, or court proceedings if necessary.
If you would like advice on child arrangements due to separation or divorce, contact us to discuss your next steps.
