For decades, family law professionals have been calling for change. On 5th June 2026, the government finally answered.
A long-awaited consultation has now been launched on reforming the rights of cohabiting couples in England and Wales. The proposals could transform the legal position of millions of people who live together without being married or in a civil partnership. If you are one of them, this is a moment to pay close attention.
The myth that has cost people dearly
Ask most people whether a couple who have lived together for years have legal rights over each other's property, and the majority will say yes. They are wrong.
The idea of "common law marriage" is one of the most persistent and damaging legal myths in England and Wales. No matter how long a couple has lived together, whether they share a mortgage, have raised children together or spent decades building a life side by side, cohabiting partners have no automatic legal rights over each other's property, savings, pensions or inheritance. The law has simply never recognised the relationship.
The number of cohabiting couples has risen from 5.5 million in 2014 to 6.5 million in 2024, making cohabitation the fastest-growing family type in the UK. Yet the legal framework has remained essentially unchanged, still rooted in an assumption that only marriage creates enforceable rights between partners. That gap between how people live and how the law treats them is what reform aims to close.
What has been announced
The government has launched a consultation on reforms that would give cohabiting couples greater financial protections when a relationship ends, and automatic inheritance rights when a partner dies without a will. The proposals would also strengthen safeguards for domestic abuse survivors and explore making pre and post nuptial agreements legally binding.
The government is proposing that cohabitants should have lived together for at least three years, or share a child, to access the new framework. Courts would also need to be satisfied that the couple are in an enduring family relationship.
It is important to be clear about what is not being proposed. The government has explicitly stated that the new framework would give cohabiting couples a distinct set of rights from married couples, not the same rights. The proposals are not designed to make cohabitation legally equivalent to marriage.
The government has also confirmed that from September 2026, updated statutory guidance will require schools to teach that "common law marriage" is a myth by the end of secondary school, tackling the persistent misconception at source.
What the timeline means for you
The consultation is open until 14 August 2026. Any resulting legislation is unlikely before 2028, meaning that if a relationship ended tomorrow or a partner died without a will, the current rules, not the proposed new ones, would apply.
That is a critical point. The announcement is welcome and long overdue, but it does not protect anyone today. If you are living with a partner and you are not married or in a civil partnership, your legal position right now is the same as it was before the consultation was announced.
Steps you can take now
The best protection available to cohabiting couples under the current law is a properly drafted cohabitation agreement. This document can set out clearly what each partner owns, how property and finances would be handled if the relationship ended and what you both intend should one of you die. It will not give you the same rights as a married couple, but it can provide certainty and reduce the risk of a costly and distressing dispute.
Alongside a cohabitation agreement, we would always recommend:
- Making a will, so that your partner is provided for if you die. Without one, the rules of intestacy apply and a cohabiting partner receives nothing automatically.
- Reviewing how any jointly owned property is held, whether as joint tenants or tenants in common, so that ownership reflects your intentions.
- Taking advice on pension nominations, since pensions do not usually pass automatically through a will and nominations should be kept up to date.
A significant moment, with more to come
This consultation represents the most meaningful step toward cohabitation reform in nearly twenty years, since the Law Commission first published its recommendations in 2007. The fact that the government has now acted, and is inviting views on how reform should work, is genuinely significant.
But until legislation is passed, the protections available to cohabiting couples remain limited. If you are living with a partner and have not yet formalised your arrangements, now is the right time to take advice.
Our family law team would be happy to discuss your situation and help you understand the steps you can take to protect yourself and the people you love. Please do not hesitate to get in touch.