One of the most common misconceptions we encounter is the belief that couples who live together for a certain period of time become “common law spouses” and acquire the same...
Read more
The Government has recently launched a major consultation entitled "A Fairer End to Relationships", proposing some of the most significant reforms to family law in a generation.
The consultation considers three key areas:
- Reforming financial remedies on divorce;
- Introducing new rights for cohabiting couples when relationships end; and
- Reforming inheritance rights for cohabitants when a partner dies without a will.
If implemented, these changes could have a profound impact on millions of families across England and Wales.
Why is reform being considered?
Family life has changed dramatically over the past few decades.
Today, more than 3.5 million couples live together without marrying or entering into a civil partnership. Many have children, own homes together, and build their lives as families. However, despite the widespread belief in the concept of a "common law spouse", no such legal status exists in England and Wales. Cohabiting couples currently have very limited financial protection if their relationship breaks down.
The Government believes that the law has failed to keep pace with modern family life and is seeking views on how to provide greater certainty and fairness while preserving the distinct legal status of marriage.
The proposed changes for cohabiting couples
Perhaps the most significant proposal concerns the rights of cohabiting couples.
Currently, when unmarried couples separate, disputes are often determined through complex property and trust law principles. This can lead to uncertainty, expensive litigation and outcomes that many people consider unfair.
The Government is proposing a new statutory framework that would create financial rights and responsibilities for eligible cohabitants when relationships end. Unlike divorce law, the proposed scheme would be more limited and targeted, but it would nevertheless represent a substantial shift from the current position.
Importantly, the consultation proposes that the scheme would apply automatically to eligible couples, although there may be an option for couples to opt out.
What could this mean in practice?
Although the details remain under consultation, the proposals could provide greater protection for:
- A partner who has given up work or career opportunities to care for children;
- Individuals who have made non-financial contributions to the family;
- Vulnerable partners who may otherwise leave a relationship with little financial security;
- Victims of domestic or economic abuse.
For many separating cohabitants, it could create legal remedies that do not currently exist.
The impact on families
For some families, the reforms could be transformative.
Consider a couple who have lived together for ten years, have children, and where one partner has reduced their working hours to provide childcare. Under the current law, that partner may have very limited financial claims if the relationship ends.
The proposed reforms aim to address situations such as these by recognising the realities of modern family life and the economic sacrifices often made within relationships.
The Government has also stated that children's welfare should be a primary consideration when determining financial provision for eligible cohabitants following separation. This would bring a greater focus on the practical needs of families and children affected by relationship breakdown.
Changes to divorce law
The consultation is not limited to cohabitation.
The Government is also considering reforms to the law governing financial remedies following divorce.
At present, many of the key principles applied by the Family Court have developed through decades of case law. While family lawyers are familiar with concepts such as "needs", "sharing" and "compensation", many divorcing couples find the law difficult to understand and outcomes difficult to predict.
The Government is proposing a "codification-plus" approach, which would place established principles into legislation, creating a clearer and more accessible framework.
The consultation also considers the introduction of legally binding qualifying nuptial agreements, which could give couples greater certainty about how assets would be dealt with if their marriage later ends.
Inheritance rights for cohabitants
Another important area under review concerns inheritance.
At present, unmarried partners do not automatically inherit from one another if one partner dies without leaving a valid will.
The Government is consulting on proposals that would improve protections for surviving cohabitants and provide clearer routes to financial provision following a partner's death. For many families, this could help avoid significant financial hardship at an already difficult time.
What happens next?
The consultation is open until 14 August 2026 and seeks views from legal professionals, academics, judges, support organisations and members of the public.
No changes have yet been made to the law. However, the consultation signals a clear intention to modernise family law and address the growing gap between legal rights and the realities of modern relationships.
How Sharp Family Law can help
Whether you are married, cohabiting, considering moving in together, or facing separation, understanding your legal position is essential.
The law relating to cohabitation remains complex and, for now, unmarried couples continue to have significantly fewer rights than married couples. Cohabitation agreements, and early legal advice can all play an important role in protecting your position.
If you would like advice about your circumstances, our specialist family law team at Sharp Family Law can help you understand your options and plan for the future with confidence.
