Divorce and Separation Law Reform: What Proposed Changes Mean for Cohabiting Couples

The law relating to unmarried cohabiting couples in England and Wales may soon undergo one of its most significant reforms in decades. The proposed changes are intended to better reflect modern family life, with more than 3.5 million couples currently living together without being married or in a civil partnership. Cohabiting couples now make up around a quarter of all couples who live together, yet the legal protections available to them remain limited.

The Current Position for Unmarried Cohabiting Couples

Many people are surprised to discover that there is no such thing as a “common law spouse” in England and Wales. Despite what is often believed, unmarried couples do not automatically acquire legal rights simply because they have lived together for a long period of time.

Unlike married couples, cohabitants generally have no automatic entitlement to their partner’s assets if the relationship ends. Similarly, where a partner dies without leaving a Will, the surviving partner has no automatic right to inherit under the intestacy rules, regardless of the length of the relationship or whether the couple have children together.

This creates a significant disparity between the rights available to married couples and those available to cohabiting partners. Given that cohabiting couples are the fastest-growing family type in England and Wales, many commentators have argued that reform is long overdue.

The Government Consultation

The Government has launched a consultation running from 5 June 2026 to 14 August 2026, which will consider a range of proposals designed to modernise the law surrounding divorce, separation and cohabitation.

One proposal is to provide greater clarity around the way assets are divided on divorce. The aim is to improve consistency in financial outcomes and make the law easier to understand, particularly for individuals who are unable to access legal representation.

The consultation will also examine whether unmarried cohabiting couples should have enhanced legal rights when relationships break down. While the proposals do not seek to place cohabitants in the same position as married couples, they could introduce a framework allowing cohabitants to make financial claims following separation. The focus is likely to be on meeting financial needs rather than applying the sharing principle that currently underpins many financial settlements on divorce.

Importantly, the proposals may include an opt-out system, allowing cohabiting couples to choose not to participate in the new framework if they wish. This would differ significantly from marriage, where couples cannot opt out of the legal framework governing financial claims upon divorce.

The consultation will also consider whether prenuptial and postnuptial agreements should become legally binding. While such agreements are currently taken into account by the courts, they do not presently carry automatic legal force in England and Wales.

Another key proposal relates to inheritance rights. The Government is considering changes that would allow unmarried partners to inherit automatically where their partner dies without leaving a Will. This would represent a significant departure from the current intestacy rules, which make no provision for surviving cohabitants.

In addition, the consultation will explore whether domestic abuse should carry greater weight in financial proceedings following divorce. The aim would be to provide greater financial protection for those leaving abusive relationships.

Under the proposed framework, these rights would generally apply where couples have lived together in a committed relationship for at least three years, or where they share a child together.

What Could These Changes Mean?

If implemented, these reforms could substantially improve the legal protection available to unmarried couples across England and Wales. They would provide greater certainty for cohabitants when relationships end and could help prevent situations where financially vulnerable partners are left without support.

The proposals may also influence how couples view marriage. For some, enhanced rights for cohabitants may reduce the perceived need to marry in order to obtain legal and financial protection.

At this stage, however, the consultation remains ongoing, and it is not yet clear which of the proposals will ultimately become law.

How Forbes Solicitors can support you

Whether you are married, in a civil partnership or living with a partner, it is important to understand your rights if a relationship comes to an end. Our Family Law team provides clear, practical advice tailored to your circumstances and can help you understand the options available to you. To discuss your situation, please contact us on 0800 689 1058.