What are the proposed changes for unmarried couples?

The Government is currently consulting on potential changes to family law that could strengthen the rights of unmarried couples. The proposals cover financial claims following separation, inheritance rights after the death of a partner, and reforms to the way financial matters are dealt with on divorce.

However, it is important to remember that these are only proposals. No legal changes have been introduced, and the current law remains unchanged.

Many people still believe that living together creates a "common law marriage". In reality, no such legal status exists in England and Wales. Regardless of how long a couple has lived together, cohabiting partners do not have the same legal rights as married couples or civil partners.

The consultation, titled A Fairer End to Relationships, focuses on three key areas:

• Financial settlements on divorce;

• Rights for cohabiting couples when relationships end; and

• Inheritance rights for surviving cohabitants.

  
  

Responses must be submitted by 14 August 2026. The Government will then consider the feedback before deciding whether reforms should be introduced. Any legislative changes could still take years to come into force.

One proposal would place existing principles used by family courts into legislation, providing greater clarity and consistency when dealing with financial disputes on divorce.

The consultation also considers whether certain pre-nuptial and post-nuptial agreements should become legally binding. Currently, these agreements are not automatically enforceable, although courts often give them significant weight when they have been properly drafted.

Under the proposals, qualifying nuptial agreements could become enforceable if both parties receive independent legal advice, provide full financial disclosure, and sign the agreement at least 28 days before the marriage.

Even without reform, nuptial agreements remain an effective way of reducing uncertainty and protecting assets.

Many unmarried couples are surprised by how few legal protections they have.

Unlike married spouses or civil partners, cohabiting partners generally have no automatic right to financial support after separation, no guaranteed claim over their partner's assets, and no automatic entitlement to a share of the family home.

In some circumstances, a person may establish an interest in property through trust law, but this often depends on proving financial contributions or a shared intention regarding ownership.

The consultation explores a new legal framework that would allow eligible cohabitants to make financial claims when relationships end.

Current proposals suggest eligibility may apply where couples have lived together for at least three years or have a child together. A two-year time limit for bringing claims after separation is also being considered.

While these proposals could significantly change the law, there is no guarantee they will be implemented. Rather than waiting for reform, unmarried couples should consider taking practical steps to protect their interests.

A cohabitation agreement can set out how finances, property and debts will be managed during the relationship and if separation occurs.

A declaration of trust can clarify ownership shares where property is purchased jointly or where one partner contributes towards a property owned by the other.

It is also important to have an up-to-date will, together with accurate pension nominations and life insurance beneficiary details.

Under the current intestacy rules, an unmarried partner does not automatically inherit from their partner's estate if there is no valid will. Instead, the estate may pass to children or other relatives.

Although claims can sometimes be brought under the Inheritance (Provision for Family and Dependants) Act 1975, these cases can be costly and stressful.The consultation considers introducing automatic inheritance rights for certain qualifying cohabitants, but no changes have yet been made.

The Government's consultation reflects the growing number of couples choosing to live together without marrying. However, any reforms remain uncertain and may take years to arrive. Until the law changes, cohabitation agreements, declarations of trust, wills and nuptial agreements remain the most effective ways to protect your financial position and reduce the risk of future disputes.

For advice on cohabitation agreements, wills, declarations of trust or any other family law matter, contact the experienced team at Haris Law Solicitors today.