Cohabiting Couples And Proposed Landmark Reform
By Melissa Gire, Associate Solicitor, Family & Matrimonial, CooperBurnett LLP.
Image Photo by Daniel Silva Gaxiola on Unsplash
Modern relationships continue to evolve with a growing number of couples, now nearly a quarter, choosing to live together without getting married. However, a persistent myth endures – the idea that if you live with your partner for a long time, you automatically become ‘common law’ husband and wife. Common law marriage has, in fact, no legal standing and cohabiting couples do not automatically gain the rights and protections afforded to married couples or civil partners.
This misconception can have serious consequences. Cohabiting couples, even those with children or in long-term relationships, have limited legal protection. Property owned by one partner remains theirs unless rights are formally established. Financial contributions alone may not create ownership, leaving non-owning partners without a claim.
Cohabiting couples also may not be aware that they do not have the same inheritance rights as married couples. If one partner dies without a Will, the surviving partner does not automatically inherit their estate. Similarly, there are no automatic rights to pension benefits or use of bank accounts in the deceased’s sole name.
The lack of statutory protection often leaves cohabitants vulnerable and reliant on complex trusts and property laws to assert their interests, which is a legal process that can be costly, stressful and uncertain.
Recognising the challenges faced by cohabiting couples, the UK Government on 5 June 2026 launched a consultation on the legal protections for unmarried cohabiting couples. The consultation seeks views on whether reforms are needed to strengthen rights for cohabitants and address the gap between marriage and cohabitation. Further protections may include:
- Automatic inheritance: Currently, if your partner passes away and there is not a valid Will in place, you are not treated as next of kin. The Government plans to introduce Automatic Inheritance Laws for greater protection.
- Enhanced legal rights: Cohabiting partners may gain new legal rights if they have lived together for three years or share a child together.
- Domestic Abuse protection: Under new laws, the courts could give greater power to those experiencing domestic abuse, whether you are married or unmarried.
This consultation marks an important step towards addressing long-standing inequities in the law and recognising the reality of modern family life.
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Until any reforms are enacted, cohabiting couples must take proactive steps to protect themselves. This includes seeking legal advice before moving in together, creating Cohabitation Agreements and ensuring clarity over property ownership and financial arrangements.
If you are considering cohabitation, our Family lawyers at CooperBurnett LLP are here to advise you and discuss whether a Cohabitation Agreement would be an appropriate option for you.
If you wish to discuss this or any other family law issues, please do not hesitate to contact Melissa Gire by email: meg@cooperburnett.com or Gemma Gillespie by email: gjg@cooperburnett.com or call 01892 515022.
This blog is not intended as legal advice that can be relied upon.
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