Cohabitation Rights Reform 2026: What the Government’s Consultation Means for Unmarried Couples

The Government’s June 2026 consultation proposes new rights for cohabitants on separation and inheritance, plus clearer rules for divorcing couples. However, nothing has changed yet.

The ‘common law marriage’ myth remains just that—a myth—and living together still doesn’t create the legal rights that marriage does. If you’re cohabiting, the best step right now is to protect yourself with a cohabitation agreement.

What is the cohabitation rights consultation about?

The consultation, titled ‘A fairer end to relationships’, covers three areas: how courts divide finances on divorce, what claims unmarried partners should have when they separate, and inheritance rights when a cohabiting partner dies without a will.

The deadline for responses is 14 August 2026. After that, the Government will consider feedback before deciding whether to legislate—a process that could take months or years. The practical advice: don’t plan your life around laws that don’t exist yet.

Will divorce law change?

The Government is considering a ‘codification-plus’ model—essentially writing into statute the principles judges already apply, such as meeting each spouse’s needs and sharing matrimonial assets fairly. Currently, the system relies heavily on case law, which can feel unpredictable. Codification could bring more consistency.

The consultation also proposes ‘qualifying nuptial agreements’. Currently, prenups and postnups aren’t strictly binding in England and Wales—courts give them significant weight following Radmacher v Granatino, but can override them if the outcome looks unfair. The proposals would make properly drafted agreements legally enforceable, provided both parties have independent legal advice, full financial disclosure, and sign at least 28 days before the wedding. Couples still couldn’t contract out of meeting each other’s basic needs.

Importantly, you don’t need to wait for reform. Nuptial agreements already work, and courts take them seriously when properly drafted. They can save enormous conflict down the line.

Do unmarried couples have any rights when they separate?

Very few—and that surprises many people.

Many clients are shocked to learn they have no automatic claim to their partner’s assets, no right to maintenance, and no entitlement to a share of the family home simply because they’ve lived there for years and raised children there.

A cohabitant can claim a beneficial interest in property under trust law, but only by proving financial contributions or a shared understanding about ownership. The law looks at who owns what and who paid for what. It’s a harsh framework that catches people out regularly.

The consultation proposes a new statutory framework giving eligible cohabitants financial claims on separation. To qualify, couples would need to have lived together for at least three years, or have a child of the family. There would be a two-year time limit for bringing claims after separation. Protections would apply automatically, though couples could opt out with proper safeguards.

But ‘might happen eventually’ isn’t a legal strategy. The consultation could lead nowhere, and even if it leads to legislation, that’s years away. In the meantime, cohabiting couples can—and should—create their own protections.

How can unmarried couples protect themselves now?

The tools already exist. You don’t need Parliament to act.

Cohabitation agreements. These set out how you’ll handle finances during the relationship and what happens if you separate—who pays the mortgage, how you divide savings, what happens to debts. A good agreement covers all of this.

Declarations of trust. If you’re buying property together, or contributing to a home the other person owns, a declaration of trust records each person’s share. Without one, someone who contributes significantly may have no legal claim when the relationship ends.

Wills and nominations. Make a will and update it when things change. Check your pension nominations and life insurance beneficiaries too—these details are often overlooked.

What about inheritance rights for cohabitants?

Currently, if your unmarried partner dies without a will, you inherit nothing automatically—the estate passes to their children, parents, or other relatives. You can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but only if you lived together as spouses for at least two years before death, or can show financial dependence. Either way, it means court proceedings.

The reform proposals would give qualifying cohabitants automatic inheritance rights. The Law Commission recommended five years for couples without children, two years where there’s a shared child, though the Government is reviewing those thresholds.

It’s a sensible direction, but it’s still just a proposal. The law right now gives you nothing automatically—a will fixes that today.

The bottom line

Reform might be coming. The consultation shows the Government recognises how far the law has drifted from how people actually live. But consultations don’t always lead to legislation, and legislation doesn’t always match the original proposals.

Our advice: hope for better laws, but don’t rely on them. Cohabitation agreements, nuptial agreements, declarations of trust, and wills aren’t bureaucratic box-ticking—they’re the difference between protection and none at all.

If you’re living with someone, buying property with someone, or planning a future with someone, it’s worth having a proper conversation about what happens if things go wrong. That conversation is much easier now than later—and much cheaper than having it in court.

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If you require legal support with any issues covered in this article, please get in touch with our specialist Family Law team by using our online enquiry form or by calling 0330 191 0070