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19 August 2026
The government has proposed stronger legal rights for unmarried couples in England and Wales, with the aim of improving protections for cohabiting partners when a relationship ends through separation or death.
Why the proposed reforms matter for unmarried couples
Cohabiting couples are the fastest growing family type, yet the law has not kept pace with modern family life. Read more about the current legal rights of unmarried couples living together.
On 5th June 2026, Melanie Bataillard-Samuel, Chair of Resolution, 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.
“Today’s announcement is a welcome and significant step towards ending the endemic unfairness for cohabiting couples that Resolution’s 6,500 members see day in, day out. We look forward to these reforms being implemented to create a system that is fit for modern society.”
This cause has been campaigned for by Resolution for many years whose view has consistently been that reform in this area is overdue.
Who could qualify under the new framework
The government is proposing that cohabitants should have lived together for at least 3 years or share a child to access the framework and courts must be satisfied that there is an enduring family relationship.
The aim is to ensure “our new family law builds a fair system that offers the vulnerable protection in the event of a break up” said David Lammy, Justice secretary.
Cohabitation reform update
During the consultation period, which ended on 14 August 2026, the public, legal professionals, academics, charities and other interested parties provided their responses to the government’s proposal to reform the law surrounding cohabitees.
The questions that the government sought input on were wide reaching, looking to reform financial remedies on divorce and strengthen protections for cohabitants at the end of their relationship.
The headline proposals relate to financial claims on separation being on a needs-based approach, not a 50/50 starting point. There would be provision for a surviving cohabitee partner when the other dies without a will and more weight given to the impact of domestic abuse when finances are assessed.
The government will now consider the findings of the consultation carefully before responding. The drafting and passing of legislation will follow. This will not happen quickly, with such finalised reforms taking place when parliamentary time allows. This could be some years off.
The law has not changed yet
In the meantime, the law has not changed.
There is no such thing as a common law marriage.
If you are living together and not married, and your partner dies without a will, you could be left with nothing.
If you separate, even if you have children together and have lived together for many years, you could be left with nothing.
How unmarried couples can protect themselves now
You should not wait for the law to change. You should protect yourself now by:
Entering into a cohabitation agreement, which will set out who owns what, how bills and the home are shared, and what happens if you separate.
If you own a property, getting a declaration of trust, which will set out each partner’s share in the property. This is relevant if one partner has paid more or the home is in one name.
Making a will. This is the only way you can ensure your inheritance goes to who you want it to.
Speak to our family team
The family team at Battens will keep up to date with the proposals and reforms.
If you have any questions about your status as an unmarried person in a long-term relationship, or you would like advice on protecting yourself and securing your future, please get in touch with Lesley Powell and the family team by calling 0800 652 8373 or by emailing [email protected].