The UK's Cohabitation Reform Consultation: Are England and Wales Finally Catching Up with the Rest of the Common Law World?

For decades, family lawyers in England and Wales have highlighted the growing disconnect between modern family life and the legal protections available to unmarried couples. That disconnect may finally be narrowing.

In June 2026, the UK Government launched its long-awaited consultation, "A Fairer End to Relationships", seeking views on the introduction of a statutory framework governing the financial consequences of cohabitation breakdown. The consultation represents the most significant examination of cohabitation rights in a generation and could fundamentally reshape family law in England and Wales. (Gov.uk)

The debate is not occurring in a vacuum. Many comparable common law jurisdictions, including Australia, New Zealand, several Canadian provinces, and numerous US states, have already developed legal frameworks that recognise and protect cohabiting relationships. England and Wales is increasingly an outlier in maintaining such limited protections for unmarried couples.

The Current Position in England and Wales

Despite widespread public belief in the concept of a "common law marriage," no such legal status exists in England and Wales. Cohabiting couples do not acquire rights equivalent to spouses simply by living together, regardless of the length of the relationship or whether they have children.

When cohabiting relationships break down, disputes are typically determined through:

• Property and trust law principles;
• Contractual arrangements between the parties;
• Schedule 1 of the Children Act 1989 (where children are involved); or
• Limited claims under inheritance legislation following death.

Unlike divorcing spouses, cohabitants generally have no automatic entitlement to:

• Financial maintenance;
• Pension sharing;
• Redistribution of assets based on need; or
• Compensation for economic disadvantage suffered during the relationship.

This often produces outcomes that many regard as unfair, particularly where one party has sacrificed career progression to care for children or support the family.

What Is the Government Proposing?

The Government's consultation seeks views on a new statutory scheme for eligible cohabitants upon separation. Importantly, ministers have stressed that any new regime would remain distinct from marriage and civil partnership rather than simply replicating divorce law.

Among the proposals being considered are:

• Financial remedies for qualifying cohabitants following separation;
• Eligibility based on a minimum period of cohabitation (currently proposed at three years) or the existence of a shared child;
• Automatic inheritance rights for qualifying cohabitants where a partner dies intestate;
• Potential opt-out arrangements allowing couples to contract out of statutory protections; and
• Enhanced consideration of domestic abuse, coercive control, and economic abuse when determining financial outcomes.

The consultation reflects recommendations first advanced by the Law Commission nearly twenty years ago in its landmark 2007 report on cohabitation.

Australia: The Most Comprehensive Cohabitation Regime

Perhaps the strongest comparator is Australia. Since reforms introduced in 2009, most de facto couples are treated similarly to married couples for the purposes of property adjustment and maintenance under the federal family law system.

A relationship may qualify as a de facto relationship where:

• The parties have lived together on a genuine domestic basis;
• They have cohabited for at least two years;
• They share a child; or
• One party has made substantial contributions to the relationship.

Australian courts possess extensive powers to:

• Redistribute property;
• Make maintenance orders;
• Consider future needs; and
• Assess non-financial contributions, including homemaking and childcare.

The Australian experience demonstrates that cohabitation recognition need not abolish marriage. Rather, it acknowledges that economic interdependence can arise regardless of marital status.

New Zealand: Relationship Property Rights for De Facto Partners

New Zealand has gone even further. Under the Property (Relationships) Act 1976, married couples, civil union partners, and de facto partners are largely treated equally once a qualifying relationship exists.

Generally, a de facto relationship of three years or more attracts:

• Equal sharing of relationship property;
• Recognition of both financial and non-financial contributions; and
• Court powers to adjust property interests upon separation.

The underlying principle is that long-term domestic partnerships create a shared economic enterprise, regardless of whether the parties chose to marry.

New Zealand's approach is often cited by reform advocates as an example of a mature and coherent framework that reflects contemporary family structures.

Canada: Provincial Variation but Significant Protection

Canada does not have a single nationwide approach. Instead, each province operates its own family law regime. For example:

• In British Columbia, unmarried spouses who have lived together for at least two years generally receive property rights comparable to married couples.
• In Ontario, cohabitants may claim spousal support after three years of cohabitation (or less if they share a child), although property-sharing rights remain more limited.
• Other provinces adopt varying thresholds and remedies.

The Canadian experience illustrates that cohabitation reform need not follow a single model. Legislatures can tailor protections to local social and policy priorities.

The United States: A Patchwork of Approaches

The United States presents perhaps the most fragmented picture. There is no federal law governing cohabitation rights, and state laws vary considerably.

A small number of states continue to recognise common law marriage under certain circumstances, including Colorado, Iowa, Kansas, Texas and Utah (through court recognition procedures). Where a valid common law marriage exists, parties generally enjoy the same rights as formally married spouses.

However, most US states do not recognise common law marriage. Instead, disputes between unmarried partners are resolved through:

• Contract law;
• Property law;
• Equitable doctrines such as constructive trusts or unjust enrichment.

This often resembles the current position in England and Wales.

Why Reform Is Gaining Momentum

Several social trends have intensified pressure for reform in the UK. Official statistics show that cohabiting couples represent one of the fastest-growing family types in the UK, with approximately 3.5 million cohabiting couple families.

At the same time, the statistics show that:

• Couples are marrying later;
• Many couples choose never to marry;
• Home ownership often involves joint financial commitments outside marriage; and
• Children are increasingly raised within cohabiting households.

Family law practitioners frequently encounter situations where a financially vulnerable partner discovers, often after decades together, that they possess far fewer legal rights than they assumed.

The persistence of the "common law marriage" myth has arguably exacerbated this problem by creating a false sense of legal security.

The Key Policy Question: Fairness or Marriage by Another Name?

The principal challenge facing policymakers is balancing two competing objectives. The first is protecting vulnerable individuals who have become economically dependent within long-term relationships. The second is preserving a meaningful legal distinction between marriage and cohabitation.

Critics argue that extending substantial rights to cohabitants risks undermining marriage by imposing obligations on individuals who deliberately chose not to marry.

Supporters counter that reform is not about equating cohabitation with marriage but recognising economic reality. Where partners have built lives, homes, and families together, they argue that complete legal non-recognition is increasingly difficult to justify.

The Government appears to favour a middle path: providing targeted protections while maintaining marriage as a distinct legal institution.

Looking Ahead

The consultation marks a potentially historic moment in family law reform. While the final shape of any legislation remains uncertain, the direction of travel is increasingly clear.

Compared with Australia, New Zealand, much of Canada, and parts of the United States, England and Wales currently provide unusually limited protection to cohabiting couples. The Government's proposals suggest that position may soon change.

If reform proceeds, family lawyers may witness the most significant expansion of relationship-based financial rights since the introduction of civil partnerships and the modernisation of divorce law.

The consultation closes in August 2026, after which the Government will determine whether, and how, to legislate. Whatever the outcome, the debate reflects a broader question confronting family justice systems across the Western world: how should the law respond when social reality evolves faster than legal tradition?

For a closer look at what the consultation means in practice, read our companion article: Cohabitation Law Reform: Your Questions Answered.

How we can help

Cohabitation law is one of the most misunderstood areas of family law. At Maguire Family Law, we advise couples on Cohabitation Agreements, Wills, property ownership and the steps that offer real legal protection while the law remains as it is.

Recognised by the Legal 500 as a leading family law firm, our team is based in Altrincham, with further offices in Knutsford, Wilmslow, Stockton Heath, Manchester and London.

To discuss your circumstances in confidence, call 01625 544 650 or fill out our contact form.

This article is general information, not legal advice. Every situation is different.