The government’s consultation on strengthening the rights of cohabiting couples is one of the most significant family law reform proposals seen in decades. With more than 3.5 million cohabiting couples in England and Wales, the law has long lagged behind the reality of modern relationships.
For years, family lawyers have seen the consequences of what is often called the ‘cohabitation gap’. Many people still mistakenly believe that “common law marriage” exists and that living together for a certain period automatically creates legal rights. It doesn’t. Currently, unmarried couples have very limited financial protection if they separate, regardless of how long they have been together or the sacrifices made during the relationship.
Against that backdrop, the government’s consultation is a welcome step. Proposals to introduce financial remedies for qualifying cohabitants and automatic inheritance rights for surviving partners would provide a safety net for many people who are currently left financially vulnerable.
Whether the reforms go far enough is another question. The government appears to be trying to strike a careful balance between protecting vulnerable couples and preserving marriage as a distinct legal institution. Some will no doubt feel the proposals are too cautious, while others will worry they create rights that cohabiting couples never intended to acquire or fully understood.
One concern is the potential impact on the court system. Any new legal framework is likely to generate disputes, particularly in its early years. Questions will inevitably arise about who qualifies, what financial claims should be available and how contributions made during a relationship should be assessed. However, it is worth remembering that many separating cohabitants are already involved in litigation under complex property and trust laws. A clearer framework could ultimately reduce uncertainty and encourage earlier settlements.
The proposed three-year cohabitation threshold is likely to generate particular debate. On paper, it sounds straightforward. In practice, modern relationships are rarely so simple. Couples often have separate addresses while still “living together”, or move in and out of cohabitation over time. Determining the duration of a relationship and whether that relationship meets the qualifying criteria envisaged could become a source of dispute in itself.
The consultation’s focus on domestic abuse is also significant. Greater recognition of coercive control and economic abuse within financial claims would reflect the reality that financial disadvantage is often a consequence of abusive relationships, even where there has been no physical violence.
For now, however, the most important point is that the law has not changed. Cohabiting couples should not assume new rights are already in place. Those living together should consider cohabitation agreements, ensure property ownership is properly recorded and make Wills to protect their loved ones.
Perhaps the greatest benefit of the consultation is that it shines a spotlight on the myth of common law marriage. Whatever form any future legislation takes, improving public understanding of the current legal position would be a major step forward. Too many people still discover the reality of cohabitation law only when a relationship breaks down or a partner dies. By then, it is often too late.
The consultation offers an opportunity to address that problem and create a legal framework that better reflects modern family life. The challenge will be ensuring that any reforms deliver greater fairness without creating uncertainty, complexity or further pressure on the already overstretched family courts.
Of course, whether the political momentum behind these proposals will be maintained under Burnham’s government is also yet to be seen. As with many major law reform projects, there is always a risk that competing political priorities, ministerial changes or pressure on Parliamentary time delay progress. The reality is that family lawyers have been calling for cohabitation reform for decades. While the consultation is undoubtedly a significant and welcome step forward, there is no guarantee that change or further legislation will follow quickly. The real test will be whether the government remains committed to translating consultation into meaningful reform. On that, the jury is out.
About the author
Mark Heppinstall is a Resolution-accredited specialist with recognised expertise in complex financial remedies and private children matters. His experience includes cases involving substantial income and capital both in the UK and internationally; across Europe, the US, Middle East and Australia. He has acted for clients in cases which involve complex financial, business and trust structures and he has drafted nuptial, cohabitation and separation agreements. He has a particular interest in pensions on divorce and the treatment of businesses on divorce; often working closely with professional financial advisers, actuaries and forensic accountants to deliver holistic and balanced advice in respect of these issues. Mark is listed as a Leading Individual in Chambers & Partners (2026 edition) for Family law, and is listed as a Recommended Lawyer in The Legal 500 (2024 edition).
