The debate surrounding the proposed cohabitation reforms continues to divide opinion.
Critics have argued the law should not intervene in the private lives of couples who have consciously chosen not to marry.
Others suggest the public’s misconception surrounding ‘common law marriage’ would be better dealt with through public education rather than legal reform.
Solicitor Caitlin Davis in the family team at Wake Smith looks at the issue:
“Concerns have also been raised that imposing marriage-like legal rights and obligations on cohabiting couples could lead to an increase in litigation and undermine individuals’ freedom.
“All of these concerns deserve careful consideration.
“However, one of the most compelling arguments in favour of reform is the protection it could offer vulnerable individuals, particularly victims of domestic abuse.”
Both Resolution and Rights of Women have voiced their support for the reform, highlighting the absence of a statutory framework that adequately protects cohabitants on separation.
Caitlin added: “This is especially significant in cases involving economic abuse, where one partner may have been financially dependent or controlled by the other.
“Rights of Women have also advanced the compelling argument that children should not experience different outcomes upon their parents’ separation simply because their parents chose to cohabit rather than marry.
“Supporters of the reform argue that there is a need for a statutory framework that better recognises how abuse can affect access to assets, housing security, pension provision, earning capacity and future financial needs.
“The question is not necessarily just about whether reform is required but if a balance can be struck between protecting those who are most vulnerable without undermining personal choice.”
The consultation, A Fairer End to Relationships, launched in June 2026 and closed in August 2026, explores significant changes to the legal rights of cohabiting couples in England and Wales. Currently, unmarried couples do not have the same legal protections as married couples or civil partners, and there is no legal recognition of “common law marriage”.
The proposed reforms aim to:
Provide financial remedies on separation for qualifying cohabiting couples, including property adjustment orders, lump-sum payments, pension sharing, and, in exceptional cases, ongoing maintenance Eligibility for cohabiting couples 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.
- Extend inheritance rights for cohabiting partners when a partner dies without a valid Will, potentially giving automatic entitlement under intestacy rules.
- Recognise domestic abuse in financial proceedings, giving courts greater weight to controlling, coercive, or economic abuse when assessing claims
The consultation also considers:
The introduction of ‘Qualifying Nuptial Agreements’ (QNAs), which would make certain pre and post nuptial agreements legally binding for the first time. It would move them away from persuasive evidence to legally enforceable contacts.
Any reforms would require further legislative action before taking effect. Until then, the existing legal framework continues to apply, meaning cohabiting couples should not assume they have the same rights as married couples or civil partners
To discuss cohabitation agreements or any aspect of family law, contact Wake Smith's Family Law team on 0114 266 6660 or click here for more information.