2026 cohabitation reforms: How the proposed changes to cohabitation laws could affect unmarried couples in England and Wales
The Government’s proposed 2026 cohabitation reforms could reshape the legal landscape for millions of unmarried couples living together in England and Wales. Although these changes are still at the consultation stage, they signal a potential shift towards greater financial and inheritance protection for cohabitants.
The consultation, A Fairer End to Relationships, opened on June 5th 2026 and closed on August 14th. It invited views on how cohabiting partners should be treated when relationships end or when one partner dies.
What do the proposed 2026 cohabitation reforms include?
A central proposal is the creation of a new statutory framework for qualifying cohabiting couples when they separate. Eligibility may include:
- Couples who have lived together for three years or more
- Couples who live together and have a child
- Relationships meeting a definition of a committed or enduring family relationship
The proposed rights would be narrower than those available to married couples. The Government has made clear that the intention is not to introduce automatic 50/50 asset division.
Instead, the framework would focus on addressing financial disadvantage, meeting defined needs, prioritising children’s welfare, encouraging clean‑break solutions and limiting ongoing maintenance to exceptional circumstances. As such, possible remedies could include financial provision or adjustments relating to property, particularly where one partner has suffered significant economic disadvantage during the relationship.
When could the new laws come into force?
We’re some way off any sort of confirmed timeline. The Government must review consultation responses before drafting any legislation and any bill would need to pass through Parliament.
It is also important to note that the consultation applies only to England and Wales. Scotland and Northern Ireland could very well take different approaches.
Why are cohabitation reforms being considered?
Despite the common belief in ‘common law marriage’, no such legal status actually exists in England and Wales. Unmarried couples who live together currently have far fewer legal protections than those who are married or in civil partnerships.
Simply living together - even if it’s been for many years - does not give one partner automatic rights to the other’s property, savings, pension or income. This lack of protection can cause significant hardship, particularly where one partner has put their career on hold to care for children or support the household while the other has built up assets.
The Government has indicated that their main aim for the proposed reforms is to introduce a basic safety net for eligible cohabitants, balanced against continuing to maintain a clear distinction between cohabitation and marriage.
What should cohabiting couples do now?
Couples should plan based on the current law, not on reforms that may or may not be enacted. Key steps could include:
- Make a cohabitation agreement to clarify financial arrangements and property ownership
- Make or update your Will, as unmarried partners do not inherit automatically
- Review how your home is owned, and consider a declaration of trust where appropriate
These measures can provide clarity and protection while the Government decides how to proceed.
What happens if a cohabiting partner dies?
Inheritance rights are another major area of proposed reform.
Currently, a surviving unmarried partner does not automatically inherit under intestacy rules, even after many years of living together. This can leave partners financially vulnerable, particularly where the family home or other assets were legally owned by the deceased.
The consultation also proposes extending intestacy rights to qualifying cohabitants and reviewing how estates are administered and how financial provision claims are handled. For long‑term unmarried couples, this could be one of the most significant changes.
Will couples be able to opt out?
Yes, potentially. The Government has indicated that couples may be able to opt out of the proposed statutory framework. This would allow partners to retain greater control over how their finances and property should be managed if they separate.
A properly drafted cohabitation agreement can set out ownership of property, responsibility for household expenses, treatment of savings and, ultimately what should happen if the relationship ends. This makes cohabitation agreements even more important for couples who want clarity and certainty over their arrangements.
What might the 2026 cohabitation reforms mean overall?
If implemented, the reforms could offer greater financial and inheritance protection for unmarried couples. However, they remain proposals, and the existing law continues to apply.
For now, the safest approach is to ensure your arrangements around property, finances, wills and agreements all reflect the law as it stands today.
If you would like to discuss any aspect of cohabitation, separation or planning for the future, Wake Smith’s specialist Family Law team is here to help. Contact our Family Law team today by clicking here to arrange your free initial obligation-free meeting, or call us on 0114 266 6660
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Published 20/08/2026
About the author
Director in Family and Divorce
