A Fairer End to Relationships: What the Government’s Consultation Means for Cohabitants

Over 3.5 million couples in England and Wales live together without marrying. Most assume that after a certain time together – perhaps three years, maybe ten – they’ll have rights similar to married couples. The reality is starkly different.

There is no such thing as ‘common law marriage’ in England and Wales. Regardless of how long you’ve lived together, how many years you’ve shared a home, or whether you’ve raised children together, you have no automatic right to your partner’s property, pensions, or assets if you separate.

The government is seeking to change this. On 5 June 2026, the Ministry of Justice launched “A fairer end to relationships” – a consultation that could represent the biggest reform to family law in decades.

The Current Legal Position

When unmarried couples separate, there is no legal obligation for one partner to support the other financially. Property division follows strict legal and beneficial ownership principles under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), rather than the fairer distribution principles available to divorcing couples.

The practical consequences can be devastating. If you’ve moved into your partner’s property – even if you’ve lived there for twenty years, paid towards household expenses, or given up your career to raise children – you’ll have no automatic right to remain in the home if the relationship ends.

To prove any interest in property you don’t legally own, you must demonstrate either direct financial contributions to the purchase price or mortgage payments, or prove there was an express agreement that you would own a share – and that you relied on this to your detriment. This creates expensive, complex litigation with uncertain outcomes.

Financial claims are extremely limited. Unlike married couples who can claim maintenance and a share of pensions, cohabitants’ financial claims are mainly restricted to jointly owned property and child maintenance.

The position on death is equally stark. Without a will, your partner will not automatically inherit anything from you. Your property could pass to distant relatives whilst your partner – the person you’ve built a life with – receives nothing.

What the Consultation Proposes

The government’s consultation seeks views on introducing a statutory framework of rights and protections for eligible cohabitants at the point of separation.

Eligibility criteria: Protections would apply to couples who have either lived together for at least three years, or who have a child together.

A different model from marriage: The proposed rights would be narrower than those available on divorce. The “sharing principle” that applies to married couples – where matrimonial assets are typically divided equally – would not extend to cohabitants.  Instead, the focus would be on meeting essential needs and ensuring children’s welfare.

Protecting against domestic abuse: The consultation recognises that financial arrangements can be used as tools of coercion and control, and seeks to ensure appropriate safeguards are built into any new framework.

The consultation closed on 14 August 2026. However, no legislation exists yet, and any reforms would require parliamentary approval before taking effect – a process that could take years.

Why You Can’t Afford to Wait

After twenty years specialising exclusively in family law, I’ve witnessed the devastating consequences when cohabiting couples assume they’re protected. The conversation typically happens when it’s too late – relationship already broken down, one partner facing homelessness, years of contributions impossible to prove without documentation.

The consultation offers hope for future reform. What it doesn’t offer is protection today.

Even if legislation passes, it will only apply from the date it comes into force. It won’t help relationships that have already ended, won’t recover losses already suffered, and won’t restore financial security already compromised.

The protections you need exist now – but they require proper legal documentation and specialist advice to implement correctly.

Protecting Yourself While the Law Catches Up

Cohabitation agreements: These document how property and assets should be divided if your relationship ends, specifying ownership interests and financial arrangements. However, they need careful drafting to be effective – poorly worded agreements can create more problems than they solve. 

Declarations of trust: If you’re purchasing property together or contributing to a property in your partner’s name, this formally records each person’s beneficial interest. The complexity comes in determining what constitutes a “contribution” – courts have rejected claims where couples assumed paying household bills would create property rights.

Wills: Without one, intestacy rules determine who inherits your estate – and your partner won’t be included. Yet the question I’m most frequently asked is whether a will can be contested. The answer matters significantly when blended families or children from previous relationships are involved.

Property ownership structures: Joint tenants or tenants in common? The choice has profound implications for inheritance and separation, yet most couples don’t realise they’ve made a choice when they purchased together.

These aren’t simple tick-box exercises. Each requires understanding how they interact with your specific circumstances – property values, existing children, business assets, pensions, future intentions.

Getting the Protection Right

The gap between understanding you need protection and implementing it correctly is where vulnerability persists.

I work with cohabiting couples to establish comprehensive protection that reflects both the legal realities and their actual intentions. This means reviewing property ownership, drafting agreements that courts will respect, ensuring wills account for complicated family structures, and – crucially – explaining what’s at stake if circumstances change.

With over 20 years dedicated to family law, including accreditation as a family mediator, I understand both the legal frameworks and the emotional complexities that cohabiting couples face. Whether you’re just moving in together, purchasing property, or have been together for years without formal protection, the right legal structures make the difference between security and vulnerability.

The consultation may eventually provide statutory protections. Until then – and even after, for the added certainty formal agreements provide – proper legal documentation remains the only reliable protection available.

If you’re cohabiting and want to understand your actual legal position and the protections available to you, contact me for an initial consultation. We’ll review your circumstances, identify where you’re vulnerable, and establish the legal framework that provides genuine security.

Andrew Smith is the founder of Fulford Legal Services, a family law solicitor with 20 years’ experience, accredited family mediator, and member of Resolution. He specialises in  divorce, separation, child arrangements, and family mediation in York. Contact Fulford Legal Services on 01904 862176 or email fulfordlegalservices@outlook.com to discuss your situation.