The government has reconfirmed its intention to consult on cohabitation reform in the spring, describing it as a “matter of utmost importance”.
Responding to a written question from Liberal Democrat spokesperson Joshua Reynolds, Alex Davies-Jones, the parliamentary under-secretary of state for justice said the consultation would “consider how best to strengthen the rights of cohabitating couples and the circumstances in which protections may apply, while firmly upholding marriage as one of our most important institutions”.
He added:
“As set out in our manifesto, the Government is committed to strengthening the rights and protections available to women in cohabiting couples. Cohabitation reform is a matter of utmost importance, and we will be consulting this Spring on how best to deliver this commitment.
“The Government also recognises the challenge posed by the mistaken belief in the myth of “common law marriage”. To improve public awareness of the legal distinction between marriage and cohabitation, we updated GOV.UK guidance last year to set out the legal position clearly.
From September 2026, schools would be required to educate pupils on the common-law marriage, Davies-Jones said, helping to tackle persistent misconceptions and improve public understanding of the law as part of updated relationships and sex education (RSE) and health education statutory guidance
Reynolds further queried the availability of legal aid to cohabiting partners seeking to resolve property disputes upon separation. Responding, Davies-Jones added it was a policy which remained under review:
“Legal aid is currently available to a person in a cohabiting couple for some private family proceedings, such as child arrangement orders and transfers of tenancies, where they are a victim of domestic abuse or are at risk of abuse. Funding is subject to providing evidence of domestic abuse and passing the means and merits tests.
“Where an issue falls outside the scope of legal aid, for example, cohabiting partners seeking to resolve property disputes upon separation, individuals can apply for Exceptional Case Funding (ECF). ECF will be granted if, without legal aid, there is a risk that the person’s human rights may be breached. ECF applications are determined by the Legal Aid Agency on an individual basis.”
