Cohabitation Law Reform: What Could It Mean For Unmarried Couples?
The UK Government has launched a long-awaited consultation on reforming the law for cohabiting couples in England and Wales, marking a significant step towards strengthening legal protections for unmarried partners. Angela Killa, Director and Deputy Head of Family at JCP Solicitors, explains what the consultations mean for unmarried couples.
Why Is The ‘Fairer End to Relationships’ Consultation Necessary?
The consultation follows growing recognition that the current law does not reflect modern family life, with more than 3.5 million couples now choosing to live together without marrying or entering a civil partnership.
At present, there is no such thing as a “common law marriage” in England and Wales, despite a widespread misconception. Unmarried couples do not automatically acquire the same legal rights as married couples or civil partners, regardless of how long they have lived together. This can leave individuals financially vulnerable if a relationship breaks down or a partner dies.
What Changes Could Be Made?
The Government is seeking views on introducing a new legal framework that would provide certain rights and responsibilities for eligible cohabiting couples when they separate. Current proposals suggest that protections could apply to couples who have lived together for at least three years, or who share a child, while remaining distinct from the legal rights available on divorce.
Resolution, the family justice organisation of which JCP’s family team are members, has welcomed the announcement. Describing it as a landmark opportunity to address longstanding gaps in the law, the organisation hopes the potential changes will improve protection for vulnerable individuals and families.
The consultation is open until 14 August 2026, and any resulting reforms could bring substantial changes to the rights of cohabiting couples in the future.
What Protections Are Available?
For now, unmarried couples should not assume they have automatic legal protection. Cohabitation agreements, declarations of trust and carefully drafted wills can all play an important role in safeguarding your interests. At JCP Solicitors, our specialist family team can advise you on how to set up these documents.
If you would like advice on your rights as a cohabiting couple, or support with putting appropriate legal protections in place, please contact JCP Solicitors' Family Law team. Call Angela Killa on 01267 248893 or email angela.killa@jcpsolicitors.co.uk