Cohabitation reform: what could it mean for you?

Cohabitation reform: what could it mean for you? | Tuesday 18 August 2026 | 5 min read

For millions of unmarried couples, living together can feel no different from being married. But in law, the gap can be significant. The Government’s consultation on cohabitation reform, which closed on 14 August 2026, could signal the biggest shift in a generation — offering qualifying cohabitants stronger protection if their relationship ends or a partner dies without leaving a will.

The consultation reflects a growing reality: more couples are living together without marrying, yet many remain unaware that they have few legal rights if the relationship breaks down.

There is still no such thing as a “common-law marriage”

Despite a widely held belief, there is no legal status of “common-law spouse” in England and Wales. Living together does not give unmarried couples the same financial rights as married couples or civil partners.

As a result, cohabitants can find themselves in a vulnerable position on separation or bereavement, particularly where one partner is financially dependent on the other.

What was proposed?

The Government proposed a targeted safety net for qualifying cohabitants, while preserving the distinct legal status of marriage and civil partnership.

Who would qualify?

The proposed scheme would apply to couples who:

• Have lived together for at least three years; or
• Have a child together and live together as a couple.

Eligible couples would automatically fall within the scheme unless they formally opted out.

Financial claims on separation

Unlike divorce, the proposals would not introduce a general right to share assets.

Instead:

• Legal ownership, principally relating to property and land, would remain the starting point.
• Courts could depart from legal ownership where necessary to meet defined needs.
• Children’s welfare would remain the primary consideration.
• Financial independence and clean-break outcomes would be encouraged.
• Maintenance would be available only in exceptional circumstances and for a limited period.

Any settlement would be capped so that a cohabitant could not receive more than they would reasonably receive on divorce in the same circumstances.

What about the family home?

Even where a property is owned by one partner alone, the court could potentially make provision from its equity if required to meet housing or other essential needs. For homeowners, that could represent a significant change to the current position.

The key question: what counts as living together?

One of the biggest challenges facing any new cohabitation regime is defining when cohabitation actually begins.

Modern relationships rarely fit a traditional model. Many younger couples split their time between two homes, stay with parents to reduce living costs, maintain separate addresses, or spend most nights together without formally moving in.

The consultation does not propose a simple test based on the number of nights spent together. Instead, any future framework is likely to focus on the reality of the relationship, including factors such as shared finances, domestic arrangements, childcare responsibilities and the extent to which a couple’s lives are intertwined.

That raises difficult practical questions. Does spending four or five nights a week together amount to cohabitation? What if each partner retains their own property? What happens where couples live apart temporarily for work or family reasons?

As Mark Chiverton recently highlighted in the Mail on Sunday, these grey areas could prove particularly challenging for younger couples and homeowners whose living arrangements do not fit neatly into traditional categories.

For any future reforms to be effective, there will need to be clear guidance on where the line is drawn between dating, living together and genuine financial interdependence.

Rights on death

The consultation also considered extending protections for surviving cohabitants by:

• Granting qualifying cohabitants rights under the intestacy rules.
• Giving them greater rights to administer an estate.
• Removing the current two-year cohabitation requirement for certain inheritance claims where the couple have children together.

Can couples opt out?

Yes. The proposals include an opt-out mechanism for couples who wish to retain complete financial autonomy.

To be valid, an opt-out agreement would require safeguards such as:

• Independent legal advice.
• Financial disclosure.
• Formal execution as a deed.

Any arrangements relating to children would remain unaffected.

What happens next?

The Government will now consider consultation responses before deciding whether to introduce legislation. Until then, the current law remains unchanged.

What should cohabiting couples do now?

Regardless of whether reform proceeds, there are sensible steps couples can take to protect themselves:

• Enter into a cohabitation agreement.
• Put a declaration of trust in place where property is owned jointly, or contributions are unequal.
• Make or update a will.
• Keep clear records of financial contributions and living arrangements.

How we can help

The Family team at SA Law advises on cohabitation agreements and financial claims involving children, helping clients protect their position both during a relationship and following separation.

We also draw on the firm’s wider expertise in declarations of trust, property disputes and estate planning, providing joined-up advice where family, property and inheritance issues overlap. If you are living with a partner, planning to move in together, or facing separation or bereavement, we can help you understand your options and protect your future.

For advice and guidance on cohabitation, please contact Mark Chiverton on 01727 798 061 or email mark.chiverton@salaw.com

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  Mark
  Chiverton Senior Associate Solicitor
  Family Law Team

  • Phone 01727 798 061
  • Mobile 07484 419 030
  • Email mark.chiverton@salaw.com
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