22 July 2026

Cohabitation Law Reform: Greater protection for unmarried couples

By Daniel Sims, Family Solicitor, Hayes + Storr.

The Government has launched proposals which could lead to the most significant reform of cohabitation law in decades, recognising the growing number of cohabiting couples – estimated at over 3.5 million – and the limitations of the current legal framework when these relationships break down.

On divorce, spouses may have claims in respect of income, property, savings and pensions, with the court seeking to achieve a fair outcome. Equal division will often provide the starting point where matrimonial assets are concerned, 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 often of less importance in divorce proceedings and, if a settlement cannot be agreed, the Family Court’s focus will be on achieving an overall fair outcome, including securing appropriate housing where possible from the available assets.

If an unmarried couple separate, however, they have no automatic right to share the other partner’s savings, pensions or income. Financial claims between cohabitees are generally limited to disputes over property. The law governing most of these cases largely centres on paperwork – whose name is on the title deeds? Who paid for what? Many people are surprised to discover that there is no such legal status as a “common law spouse”.

For many years, there have been calls for the law to be modernised to provide greater legal protection for unmarried partners, who can suffer significant financial disadvantage if a relationship ends. Take, for example, a stay-at-home parent who has given up work to care for children and is neither earning an income nor building up pension provision, only to discover that they may have no entitlement to the equity in a property owned solely by their partner and no ability to share in that partner’s pension in later life.

The Government has indicated that cohabiting couples would not receive the same rights and entitlements as married couples. Instead, any new legal framework is likely to include eligibility criteria. One proposal is that couples must have lived together for at least three years, unless they have a child together. While the details are still to be determined, the direction of travel is clear: to provide greater protection for those who are most vulnerable when long-term cohabiting relationships come to an end.

Further details are expected in the coming months once the consultation closes on 14 August. It is also proposed that pre-nuptial agreements should become legally binding for married couples. If both reforms proceed, it seems likely that cohabiting couples who consciously choose to keep their finances separate – perhaps following previous divorces or to preserve the future inheritance of their respective children – will continue to be able to formalise those arrangements through a 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.