These reforms respond to long-standing concerns that cohabiting couples — often referred to as “common law” partners — currently have far fewer legal rights than married couples, despite making up a growing number of families across the UK.
Why Are These Changes Being Proposed?
More than three million couples in England and Wales now live together without being married or in a civil partnership. However, many people wrongly assume that living together automatically gives them legal rights — a belief often described as the “common law marriage myth”.
The proposed reforms aim to reflect modern family life and provide greater certainty and protection, particularly for vulnerable individuals following separation, bereavement, or domestic abuse.
Who Would Be Affected?
Under the proposals, couples may be treated as cohabitants where they:
- Have lived together for at least three years, or
- Have a child together
This could apply regardless of whether the couple ever intended to marry.
Key Proposed Changes
If introduced, the reforms could include:
- Financial claims on separation
Courts would have clearer powers to make financial orders for cohabiting couples, taking into account contributions made during the relationship.
- Greater protection for victims of abuse
Judges would be able to place more weight on the impact of domestic abuse, including coercive or economic abuse, when deciding financial outcomes.
- Automatic inheritance rights
Unmarried partners could inherit automatically if their partner dies without a will — a significant change from the current law.
- Legally binding nuptial agreements
Pre-nuptial and post-nuptial agreements would become legally enforceable, provided certain safeguards are met.
What Does This Mean in Practice?
While these proposals are not yet law, they signal a major shift in how unmarried relationships may be treated in the future. If implemented, they could have significant implications for:
- Property ownership
- Financial planning
- Wills and estate planning
- Relationship agreements
Importantly, the reforms are also likely to increase the importance of clear legal advice, particularly where couples wish to opt out of certain rights or protect existing assets.
What Should Unmarried Couples Do Now?
Regardless of whether the proposals become law, cohabiting couples are strongly advised to:
- Make a will
- Consider a cohabitation agreement
- Take advice before moving in together or buying property
These steps can help avoid uncertainty and disputes later on.
How Garratts Solicitors Can Help
Our Family Law and Private Client teams regularly advise clients on cohabitation, separation, wills, and relationship agreements. We can help you understand how the law applies to your circumstances — and how to protect your position both now and in the future.
If you would like advice tailored to your situation, please get in touch with our team.
