The Government has announced plans to reform the legal rights of unmarried couples in England and Wales, launching a consultation that could lead to some of the most significant changes to family law in a generation. If the proposals are introduced, they could provide greater financial protection for millions of couples who live together without marrying or entering into a civil partnership.
According to the Government, there are now more than 3.5 million cohabiting couples across England and Wales. Despite the growing number of people choosing to live together without marrying, the law has not kept pace with modern family life. Many people are surprised to learn that there is no such thing as a “common law marriage” in England and Wales, regardless of how long a couple has lived together
Why Are the Changes Being Considered?
At present, unmarried couples have far fewer legal rights than married couples or civil partners if their relationship ends or if one partner dies without leaving a valid Will. This can leave financially vulnerable partners facing uncertainty over property, finances and inheritance.
The Government says the proposed reforms are intended to create a fairer legal framework that reflects the reality of modern relationships while continuing to recognise the distinct legal status of marriage and civil partnership. The consultation is seeking views on how the law should be updated to better protect cohabiting couples in appropriate circumstances.
What Could Change?
While no new laws have yet been introduced, the consultation outlines several possible reforms.
One proposal would allow qualifying cohabiting couples to apply for financial remedies if their relationship breaks down. Depending on the circumstances, courts could be given powers to make orders relating to property, lump sum payments, pension sharing and, in limited cases, maintenance. These remedies would not necessarily mirror those available on divorce but could provide important financial protection where it is justified. (GOV.UK)
The consultation also considers giving surviving cohabiting partners greater inheritance rights where a partner dies without leaving a Will. Under the current rules, unmarried partners do not automatically inherit from one another, even after many years together. Any future reform could help address this long-standing issue. (GOV.UK) In addition, the Government is consulting on making pre-nuptial and post-nuptial agreements legally binding, subject to appropriate safeguards. This would provide greater certainty for couples who wish to agree in advance how their finances should be dealt with if their relationship later comes to an end.
What Does This Mean for Couples Today?
It is important to remember that these are proposals only. The consultation will inform any future legislation, and no changes have yet been made to the law. Until reforms are introduced, the current legal position remains unchanged.
For unmarried couples, this means that cohabitation alone does not automatically create legal rights over a partner’s assets, property or estate. If you own a property together, have children or are making significant financial commitments as a couple, obtaining legal advice can help ensure your interests are protected.
Preparing a professionally drafted cohabitation agreement can clarify each partner’s financial arrangements during the relationship. Likewise, making a valid Will remains one of the most effective ways to ensure your wishes are respected and that your partner is provided for after your death.
How Murray Hay Solicitors Can Help
Family relationships are rarely straightforward, and the legal position can often be very different from what many people expect. Whether you are moving in together, buying a property as an unmarried couple, planning for the future or facing the breakdown of a relationship, obtaining legal advice at an early stage can provide valuable peace of mind.
At Murray Hay Solicitors, our experienced family law team offers clear, practical advice tailored to your individual circumstances. We can assist with cohabitation agreements, property ownership, Wills, estate planning and a wide range of family law matters, helping you make informed decisions and protect your future.
As the Government’s consultation progresses, we will continue to monitor developments and keep our clients informed about any changes to the law that may affect them