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Published: 8 December 2025
Last updated: 8 December 2025
Cohabitation in the UK: Your Legal Rights and Why Reform Is Needed
Last updated: June 2026
More couples than ever are living together without getting married. Whilst cohabitation is common, many people are unaware of their legal rights, or lack of, when living together unmarried. It's important to understand the current legal rights for unmarried couples and the call for reform is essential for protecting yourself and your family.
Tailored advice can be found by exploring our Family Law services.
What Are the Legal Rights of Unmarried Couples in the UK?
If you live together but you are not married to each other, you do not have the same legal protections as married couples or those in civil partnerships. Key areas to consider include:
- Property Ownership
If your home is in one partner’s name, the other may have no automatic rights to it even if they have contributed financially. - Financial Arrangements
There is no legal obligation for one partner to support the other financially after separation. - Parental Responsibility
Mothers automatically have parental responsibility. Fathers only have it if named on the birth certificate or through a formal agreement or Court Order.
How Long Do You Have to Live with Your Partner for a ‘Common Law Marriage’ in the UK?
A common misconception is that living with your partner for a certain number of years creates a “common law marriage.” This is not true in England and Wales. No matter how long you live together, you do not gain the same rights as married couples.
The best way to protect your interests is through a cohabitation agreement, which sets out financial arrangements and responsibilities. It can also set out what happens if you separate.
The Gaps in Current Law
The lack of automatic rights for cohabiting couples can lead to serious issues if the relationship ends or one partner passes away. Without legal agreements in place, you could face:
- Losing your home
- No entitlement to financial support
- Complications over child arrangements
Calls for Cohabitation Law Reform
Legal experts and family law organisations have long argued that the law needs to change. Campaigns for reform aim to provide greater protection for cohabiting couples, particularly when relationships break down or in cases of bereavement.
Proposed reforms include introducing rights similar to those in civil partnerships, but progress has been slow.
You can read more about the latest proposed reforms in our article, The proposed legal rights for unmarried couples in England and Wales. The Government has also launched its June 2026 consultation, A fairer end to relationships.
Resolution has also continued to campaign for change in this area.
Practical Steps You Can Take Now
Until the law changes, the best way to protect yourself is to plan ahead:
- Create a Cohabitation Agreement
This sets out financial responsibilities and arrangements if you separate.
Find out more about cohabitation agreements. - Make a Will
Ensure your partner is provided for in the event of your death.
Learn about making a will. - Seek Legal Advice
Professional guidance can help you understand your options and safeguard your future.
How the Battens Family Team Can Help
Cohabiting couples in England and Wales have limited legal rights, and misconceptions about “common law marriage” can leave people vulnerable. While reform is needed, there are steps you can take now to protect yourself and your family.
Need advice on cohabitation agreements or family law from one of our family solicitors or lawyers? Contact our family team by calling 0800 652 8373.
FAQs
What rights do unmarried couples have and how does it differ to married couples?
Common law marriage does not exist in England and Wales, so you do not have the same rights as a married couple.
A big issue can be if one of you dies without a Will (intestate). Regardless of how long you have been together, someone you live with will not be entitled to inherit money or property that you own if you die without a Will.
If you have children together but are not married the father does not automatically get parental responsibility (unless he is registered on the child’s birth certificate). This may mean that the father may not be able to make decisions about their child’s life without making an application to the Court.
If you are living together, you do not have to go through a divorce to separate, but you also are not entitled to the same financial arrangements after you separate. For example, you are not entitled to any spousal maintenance or pension sharing. Any agreement for maintenance or lump sums would be voluntary and are therefore difficult to enforce. If you have children or property there is action you can take under the Trust of Land and Appointment of Trustees Act 1996 and Schedule 1 Children Act 1989. However, these applications are not straightforward and are very costly if litigated.