The Government has launched its long-awaited consultation on reforms to give cohabiting couples greater financial protections when relationships end, and automatic inheritance rights when a partner dies without a will.
The proposals would also strengthen safeguards for domestic abuse survivors and explore making pre- and post-nuptial agreements legally binding, in a move to modernise family law and better reflect modern relationships.
Couples will be considered cohabitants if they have lived together for at least three years or share a child.
Johanna Brewer, Head of our Family & Divorce team looks at the subject.
This consultation brings together three connected areas of reform affecting families when relationships end:
Reforming the law of financial remedies on divorce and dissolution
The Law Commission’s 2024 scoping report identified a lack of certainty and accessibility in the current law. To address this the government invites views on a “codification-plus” model of reform, which would bring settled case law principles, such as those of “needs” and “sharing”, into statutory form.
The consultation also invites views on further targeted reforms, including introducing qualifying nuptial agreements which would enable couples to make binding financial arrangements in advance of divorce or dissolution.
Reforming the law for cohabitants on separation
The very limited set of protections under the current law can leave cohabitants facing significant financial difficulties when relationships end, which disproportionately affects vulnerable groups such as women, children and victim-survivors of domestic abuse (including economic abuse).
The government invites views on introducing a statutory framework of rights and protections, for eligible cohabitants at the point of separation, supporting its manifesto commitment to “strengthen the rights and protections for women in cohabiting couples”. The government proposes that this framework should be narrower than that which is available on divorce.
Reforming the law for cohabitants on intestacy
Cohabitants currently have no automatic right to inherit when a partner dies without a will, which can leave surviving or separating cohabitants facing serious financial hardship. The consultation seeks views on proposals to modernise the law affecting cohabitants on intestacy and on access to financial provision from a deceased partner’s estate.
These three areas are closely linked. Consulting on them at the same time allows the government to consider how financial provision at the end of relationships, whether through divorce, separation or death, can be made clearer, more consistent and better aligned with the realities of modern family life.
Johanna said: “This is a welcomed consultation on reforming rights and would be the biggest reform to family law in decades, bringing the law into the 21st century, where we see fewer couples marrying. The reform would protect cohabitants on separation and provide a clearer, codifying financial remedy on divorce or dissolution of marriage.
It’s long been thought by the lay person that if you have lived together for 7+ years you are in a ‘common law marriage’ and have legal rights on separation as if you are a married person. I often have to provide advise that there is no such thing as a common law marriage. This reform will result in couples being considered cohabitants if they have lived together for at least 3 years or share a child and will provide them with financial protection.
I am absolutely in support of this reform and the likelihood that Qualifying Nuptial Agreements will become legally binding (pre and post nuptial agreements).
Even without the reform and legislation, I am seeing more and more instructions for Nuptial Agreements. If you can decide how to manage your money during your relationship, if you can decide to marry, if you can decide to divorce, surely it makes sense to be able to decide how your finances are shared on separation, rather than relying on legislation.”
Research has shown that marriage rates have hit historic lows. In the UK, despite an overall population increase, the number of marriages has dropped to some of the lowest levels recorded since data collection began and we see 3.5 million unmarried couples living in the UK at this time.
The drop in marriage numbers does not mean people are entirely abandoning long-term relationships. Instead, millions of couples are choosing to cohabit without legally tying the knot.
Talking about the consultation, Justice Secretary David Lammy said: “When a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life. We’re launching this consultation to make sure our new family law builds a fair system that offers the most vulnerable protection in the event of a breakup, and at a time where the country is facing cost of living pressures.
Whether you’ve been left bereaved by the sudden and unexpected death of a partner, or escaped horrific domestic abuse, our laws should work to protect you. These reforms strike an important balance between tradition and modernity. I’m determined that our justice system should work for everyone who needs it.”
Stephanie Chung, Director in our Wills, Trust & Probate team, added: “There is much need for reform as the current system does not reflect modern families – whether following the breakdown of a relationship, or following the death of a partner.”
The consultation is now live, and we wait with hope to hear the outcome on 14 August 2026.
For further advice on pre- and post-nuptial agreements and co-habitation agreements email Johanna Brewer at [email protected]
For further advice on wills and estate management email Stephanie Chung at [email protected]