16 Jul 2026

The Government has launched a major consultation on reforming family law. One of the most significant areas under review is the legal position of cohabiting couples in England and Wales – an area that has long been seen as outdated and inconsistent with modern family life.

These proposals are not yet law, but they could mark the biggest change to cohabitation rights in a generation.

Why reform is being considered

At present, cohabiting couples have very limited legal protection if they separate. Despite widespread belief in “common law marriage”, no such legal status exists. This means partners often rely on complex property and trust law rules to resolve financial disputes, which can lead to uncertainty and unequal outcomes.

The Government notes that around 3.5 million couples now cohabit without being married or in a civil partnership, and this figure continues to grow.  As a result, more families are potentially left without clear legal protection when relationships end.

The core proposal: a new statutory framework

The key reform being explored is the introduction of a statutory framework for eligible cohabitants on separation.

In practical terms, this would create a new legal route for financial claims when cohabiting relationships break down.

Under the proposals:

• Eligible couples could apply for financial remedies on separation, similar (but not identical) to divorce proceedings
• Courts could consider property, pensions, and financial needs, depending on circumstances
• The framework would be designed to be narrower than divorce law, preserving a clear distinction between marriage and cohabitation

Who would qualify?

While final rules are still under consultation, eligibility is likely to include:

• Couples who have lived together for a minimum period (often suggested as around 3 years)
• Couples who share a child, even if they have not lived together for that length of time

The aim is to target protection at relationships that resemble long-term family units.

Opt-out model

A key feature of the proposals is that the system would likely operate on an “opt-out” basis.

This means:

• Couples would be covered automatically if they meet the criteria
• However, they could formally opt out if both partners agree

The Government’s reasoning is that this would protect individuals who might otherwise be left vulnerable, while still allowing couples to retain control over their financial arrangements.

Wider reforms linked to cohabitation

The consultation also looks at related changes, including:

• Reform of inheritance rules where a cohabiting partner dies without a will
• Greater recognition of domestic abuse and economic control in financial outcomes
• Potentially making pre- and post-nuptial agreements more legally binding

These changes are intended to create a more consistent system across divorce, separation, and death.

What this means in practice

If implemented, the reforms would not make cohabitation equivalent to marriage, but they would:

• Significantly increase financial protection for some separating couples
• Reduce reliance on complex property law disputes
• Encourage more people to consider formal agreements during cohabitation

However, it is important to stress that this is still a consultation stage, and the final law (if any) may look different.

How Rubin Lewis O’Brien can help

These proposed changes highlight the growing importance of cohabitation agreements and clear financial planning for unmarried couples.

At Rubin Lewis O’Brien, we can advise on:

• Cohabitation agreements
• Property ownership and trust arrangements
• Protecting financial interests under the current legal framework
• Preparing for potential future changes in the law

As the law evolves, early legal advice will remain key to avoiding uncertainty and disputes in the future.

Get in touch with us today!