22 July 2026

Cohabitation Law Reform: Greater protection for unmarried couples

The Govt. looks to be preparing for a major change to family law, recognising the huge number of cohabiting relationships; over 3.5 million – and the limitations of the current framework when these breakdown.

On a Divorce, spouses will have claims on income, property, savings and pensions, with an equal division the starting point, before consideration is given to factors such as income disparities, childcare responsibilities and whether assets were brought into the marriage or inherited. The name on the title deeds is less important in a Divorce, and if a settlement cannot be agreed, the Family Court will be concerned with achieving an overall fair result, securing housing etc., with the available assets.

If an unmarried couple separate, however, they have no automatic right in respect of the other’s savings, pensions or income, claims really limited to property. The law which currently governs most financial disputes here largely concentrates on paperwork – whose name is on the title deed? Who paid for what? Many are surprised when they hear there is no such legal status as ‘common law spouse’.

For some years now, there have been calls for the law to be brought up-to-date, to provide greater legal protection for unmarried partners, who can suffer significant disadvantages and hardship if the relationship breaks down – the stay-at-home mother, for example, who is not earning any income or building up any pension provision, and later discovers she may have no entitlement to any of the equity in the property owned by her partner, and will not be able to share his pension in old age.

The Govt. have indicated that unmarried families will not receive the same rights and entitlements as their married counterparts, and there may be eligibility thresholds to meet, for one, it is proposed that couples should have lived together for at least 3yrs, unless they have a child together, but a new horizon is dawning, intended to protect those most in need with a greater safety net.

Further details will follow in the coming months, once the consultation closes on 14th August. It is presumed that, as the Govt. are also suggesting that Pre-Nuptial Agreements should be legally binding for married couples, cohabiting couples who consciously decide to keep their financial affairs separate, perhaps following earlier Divorces and to preserve the future inheritance of their separate children – will be able to reaffirm this through a formal Cohabitation Agreement.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.