Cohabitation rights for unmarried couples: what could change

If you live with your partner but are not married, you might assume the law would protect you if you split up. Most people do. It is one of the most common misunderstandings we see, and it often comes to light at the worst possible time.

There is no such thing as a “common law marriage” in England and Wales. However long you have lived together, you do not automatically have the same rights as a married couple or civil partners.

That may be about to change, at least in part.

What is being proposed?

In June 2026, the Government launched a consultation (a formal request for views) called A Fairer End to Relationships. It covers three linked areas: sorting out finances on divorce, protecting unmarried couples when they separate, and what happens when an unmarried partner dies without a will.

The consultation closed in August 2026, and the Government is now considering the responses.

Nothing has changed yet. For now, the law is exactly as it was.

Why is this being looked at?

Living together without marrying is now very common. In 2024, there were around 3.5 million unmarried couples living together in the UK, more than double the number in 1996. It is the fastest growing type of family in the country.

The law has not kept up. When unmarried couples split up, their finances are mostly sorted out using property law rather than family law. That can be a blunt tool for untangling a shared life. The Government’s concern is that it leaves some people badly exposed, particularly where one partner has depended on the other financially, has taken on caring responsibilities, or has experienced domestic abuse.

We see this often. One partner gives up work or goes part time to look after the children. One pays towards a mortgage on a house that is only in the other’s name. Years later the relationship ends, and they discover they have far fewer rights than they thought.

When does “living together” actually start?

“Cohabiting” sounds like a clear legal term. In real life, it rarely is.

Is it when they have a key? A toothbrush in the bathroom? A drawer for their clothes? When you start splitting the food shop? Sometimes one person thinks the relationship is settled and serious, and the other does not see it that way at all. Some people even keep two homes running, without either partner knowing.

Any new law will have to draw a line somewhere. Working out where is part of what the Government is considering.

What would the changes actually do?

The proposals would not give unmarried couples the same rights as married couples. Instead, they would create a narrower, more limited scheme. The main ideas are:

• A safety net, not an equal split. Rather than dividing everything as a court would on divorce, the scheme would focus on financial hardship caused by the relationship.
• Children first. As with divorce, children’s needs would come first. They have no say in their parents’ relationship, but they live with the consequences.
• Needs, not comforts. The focus would be on what is genuinely needed, even where there is more money available.
• Ongoing payments only in rare cases. Regular payments between former partners would be unusual. That is still a real change, as most unmarried couples currently have no right to any support at all.
• Who would qualify. One idea is that couples would need to have lived together for at least three years. The Government is also asking whether couples with a child together should qualify, however long they have been together.
• Automatic, unless you opt out. Couples who qualify would get these rights automatically, unless they agreed otherwise. To opt out, both partners would need independent legal advice and a full picture of each other’s finances.
• If a partner dies without a will. At the moment, an unmarried partner inherits nothing automatically if their partner dies without a will. That can be devastating at an already terrible time. The proposals look at how to protect surviving partners.

The three-year rule shows how tricky this will be to get right. What happens to a couple who split up after two years and 364 days, then move back in together a year later?

Do you still need a cohabitation agreement?

Yes. If anything, it matters more.

It would be easy to read all this and think the law is about to take care of things for you. We would be careful about that. These are proposals, not law, and they may change a great deal before they become law. And if the scheme does come in on an opt-out basis, couples who want to arrange things differently will need a properly drafted agreement, with independent advice for both of them.

A cohabitation agreement sets out how you will handle your finances, who owns what, who is responsible for which debts, and what happens if you separate. It is worth having whether or not the law changes.

The proposals may also make people think harder before moving in together. If you have savings, a business, a property in your own name, or children from a previous relationship, you may want to agree things clearly first. Some couples may decide to keep separate homes for longer.

What if you have children?

This is where it matters most. The current law can provide some help for the benefit of children. What it does not necessarily do is protect the parent who looks after them once the relationship ends. That gap is one of the strongest reasons to put something in writing now.

Thinking about moving in together, or already living together?

Living together builds a shared life quickly, and the law is slower to recognise it than most people expect. Whether you are buying a home with your partner, already living in theirs, or wondering where you would stand if things ended, the answer depends on your circumstances: who owns what, who has paid for what, whether you have children, and what, if anything, you have agreed.

We offer an initial fixed-fee appointment of £200 plus VAT (£240). In that meeting with a senior solicitor, you will find out where you stand under the law as it is today, what a cohabitation agreement could cover for you, and how the proposed changes might affect you if they become law. We will also point out anything else worth sorting out, such as how your property is owned and whether you need a will.

If you would like to book an appointment, or simply talk it through first, please call us, email us or visit our contact page.

Kate Jackson leads the family law team at Nicholsons and advises regularly on cohabitation and living-together agreements for clients across Norfolk, Suffolk and beyond. If you would like to speak to Kate directly, please call 01603 558 713 or email kjackson@nicholsonslaw.com.