Busting the common law marriage myth: what can cohabitees expect from reform?

3.5 million cohabitating couples are living in the UK and the number of people opting not to marry is growing. Yet, many still believe that they have the same rights as spouses if they get divorced; this is known as the ‘common law marriage myth’. Reliance on this myth means that cohabitees are at risk of becoming financially exposed when separating from their partners, often leaving them vulnerable.

The government is set to reassess the law on cohabitation during an upcoming consultation in spring 2026. Reform intends to strengthen rights for unmarried couples and address the lack of protection in the case of a relationship breakdown or death.

Current legislation

Regardless of how long a couple has lived together, cohabitees currently have limited legal rights to the assets held in the sole name of their partner, in life or in death. Whilst there are some exceptions, these are mainly limited to jointly owned property and child maintenance. There are no rights to pensions, residual assets (like cash in the bank or share portfolios) or ‘spousal’ maintenance. Assets are not automatically shared or distributed based on fairness or needs.

For example, a cohabiting couple share a house. The house was purchased in one of the parties’ sole names and has been used throughout the relationship as their joint home. On separation, the party that is not on the deeds does not have an automatic right to the equity in the property. Importantly, having children together does not automatically change their legal rights to the house. They are then left in the tricky position of having to prove their claim by establishing that they have an interest in the property. Such claims are legally complex and expensive to run.

All unmarried cohabiting couples, regardless of age, gender, financial standing or whether they are parents, are impacted by the current legislation.

What are the current legal protections?

A cohabitation agreement serves as a security blanket for unmarried couples living together. This is a voluntary agreement, entered into during the relationship, which sets out the couple’s decisions about the ownership of property and how finances will be managed (including debt). Such an agreement can also include the financial arrangements for children. Documents such as these, as well as Wills, are essential to ensure that both parties are protected in circumstances where there is a relationship breakdown. This is particularly important for those who are financially vulnerable, such as stay-at-home parents and caregivers.

Key areas the consultation will explore

In a bid to improve rights for unmarried, cohabiting couples, there are several aspects the government aims to explore to ensure the new legislation is fairer.

Inheritance rights

Without a Will, couples do not possess any automatic inheritance rights to property that is not already held in joint names if their partner passes away. For example, spousal death in service pension benefits are not automatically assigned to a cohabitee. The current law means a surviving partner would need to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 to challenge the distribution of the estate, which can prove costly and emotionally challenging.

The consultation will consider whether cohabitants should receive limited inheritance rights, with a particular consideration for those with children or those who are financially dependent.

Protection for primary carers

Financially vulnerable partners who act as primary caregivers for children could receive stronger protection. Reform will consider whether they should be entitled to greater compensation or an increased share of assets upon a relationship ending. Whilst the current legal position allows for parents to make capital claims for the benefit of their children, reform will consider whether the scope should be broadened to allow these capital claims to extend to the benefit of the caregiver too. This change is particularly significant for women, who are more likely to take on caregiving responsibilities.

Property and asset division

Property ownership rests with the legal owner unless the other partner can evidence that they have a clear claim to the equity. Even in a long-term relationship, a partner who has no legal ownership of a property will have to prove their entitlement to the property if the relationship ends – there is no automatic right to a share. The consultation seeks to address this by examining how property and assets should be divided, taking into account factors such as the length of the relationship, children, and the financial circumstances of both parties.

Eligibility

Any reform is likely to account for:

• A minimum period of cohabitation;
• Whether the cohabiting relationship should be ‘intimate and committed’;
• Evidence of financial dependence or economic disadvantage;
• How same-sex and opposite-sex couples are treated;
• The impact of the parties having children on the scope of legal protections available;
• Nuances to cohabitation, such as intermittently living apart, having separate homes and couples with international connections; and
• Whether any changes to the law should be on an ‘opt-in’ or an ‘opt-out’ basis.

Why now and next steps

As part of the Labour manifesto, it promised to enhance the rights of cohabiting couples and combat the ‘common law marriage myth’, which is leaving many individuals financially vulnerable.

While the consultation is expected to take place this spring, any changes are unlikely to come into fruition until at least 2027. In the meantime, we advise cohabiting couples to consider implementing a cohabitation agreement to define asset distribution and ownership clearly.

For maximum protection, the terms of a cohabitation agreement must be fair and reasonable in the context of the individuals’ relationship, as unfair terms increase the risk of the court setting the agreement aside. As such, professional legal advice is always recommended when preparing a cohabitation agreement. If you’d like specialist support, get in touch with our team.