UK Cohabitation Rights Consultation: What Unmarried Couples Need to Know Now

The UK government launched a formal consultation on 5 June 2026 that could give cohabiting couples in England and Wales stronger financial rights when a relationship ends through separation or death. The Ministry of Justice consultation was announced by Justice Secretary David Lammy and covers three areas: cohabitation rights on separation, intestacy rights for bereaved unmarried partners, and legally binding pre-nuptial and post-nuptial agreements.

What the consultation proposes

The Ministry of Justice consultation sets out three areas of proposed reform. First, cohabiting couples who separate could gain financial claims against each other’s assets after a qualifying period, proposed as three years of living together or where the couple share a child. The court would consider contributions, economic disadvantage and future needs.

Second, bereaved cohabiting partners would gain automatic inheritance rights where their partner dies without a will, under intestacy rules currently reserved for spouses and civil partners. Third, the consultation explores making pre-nuptial and post-nuptial agreements legally binding in England and Wales, giving couples more certainty about financial arrangements before they marry.

The consultation also asks whether courts should give greater weight to domestic abuse, including controlling or coercive behaviour and economic abuse, when assessing finances on separation for both married and cohabiting couples.

What the current law says

Under the law as it stands, cohabiting couples in England and Wales have no automatic financial rights when a relationship ends, regardless of how long they have lived together. This applies to property, savings, pensions and income. The myth of "common law marriage" is not recognised in English law.

If a cohabiting partner dies without a will, the surviving partner does not automatically inherit anything. The estate passes under the intestacy rules to the deceased’s closest blood relatives. The surviving partner can apply for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, but this involves contested court proceedings with no guaranteed outcome.

Scotland operates differently. The Family Law (Scotland) Act 2006 gives cohabiting couples limited financial claims on separation and on intestacy, subject to a one-year time limit for separation claims.

Why the law has been slow to change

Family law reform in this area has been on the policy agenda for decades. The Law Commission recommended reform in 2007. The then government declined to implement the recommendations. Successive governments have noted the scale of the change and the sensitivity of the debate between protecting vulnerable partners and preserving the significance of marriage as an institution.

The 2026 consultation represents the most concrete government commitment to reform since the Law Commission report. The 10-week window and the stated legislative intention signals that the political will now exists, though parliamentary time and the complexity of the legislation mean any new rights are still years away.

What cohabiting couples can do now

The consultation changing nothing about the law today makes independent legal advice and practical financial planning essential for cohabiting couples who want to protect their interests. Making a will is the single most important step. Without one, a cohabiting partner inherits nothing automatically.

A cohabitation agreement sets out how property and finances would be handled if the relationship ends. A declaration of trust records each partner’s share of jointly owned property. A lasting power of attorney enables a partner to manage finances if the other loses mental capacity.

Frequently asked questions

Has the law on cohabiting couples changed?

No. The Ministry of Justice launched a consultation on 5 June 2026. Consultations inform future legislation. The law has not changed. Cohabiting partners in England and Wales currently have no automatic inheritance rights or financial claims on separation.

When could new cohabitation rights come into force?

The consultation closes on 14 August 2026. After that, the government will consider the responses before finalising policy. Any legislation then needs parliamentary time. Legal experts suggest new rights are unlikely before 2028 at the earliest.

Does the consultation apply in Scotland?

No. The consultation covers England and Wales only. Scotland already has separate protections for cohabiting couples under the Family Law (Scotland) Act 2006, which gives limited financial claims on separation and on intestacy subject to a one-year time limit.

What is the qualifying threshold for proposed new rights?

The consultation proposes that couples would need to have lived together for at least three years, or to share a child, to qualify for new financial rights on separation. This threshold is a proposal, not law, and may change following the consultation.