A major shake-up to family law could be on the horizon for over 3.5 million unmarried couples across the UK. Here’s what you need to know, and what you can do right now.
On 5 June 2026, the Government launched one of the most significant family law consultations in a generation. If you live with a partner outside of marriage, this could directly affect your financial future, whether your relationship ends through separation, bereavement, or domestic abuse.
What Is Being Proposed?
The Ministry of Justice consultation sets out proposals that would give cohabiting couples a new and distinct set of legal rights for the first time.
The key proposals include:
Rights on separation.
Couples who have lived together for at least three years, or who share a child and are in an enduring family relationship, could gain the right to a share of assets, including a house sale, when a relationship ends.
Rights on bereavement.
Surviving unmarried partners would have automatic rights to inherit if their partner dies without a will — something that currently does not exist in law.
Stronger protection from domestic abuse.
Courts would be asked to give greater weight to the impact of domestic abuse, including controlling or coercive behaviour and economic abuse, when determining financial arrangements at the end of a relationship.
Legally binding pre-nuptial and post-nuptial agreements.
Couples who choose to enter into these agreements would have greater confidence that their financial wishes would be honoured in the event of a divorce.
Why Does This Matter So Much?
The so-called “common law marriage” myth is one of the most damaging legal misconceptions in England and Wales. Many couples genuinely believe that living together long-term gives them the same rights as a married couple. It does not.
Right now, if an unmarried couple separates, the partner not named on the property deeds may have no legal claim to the home, even after years of contributing to mortgage payments, household costs, or giving up career opportunities to raise children. This gap in the law disproportionately affects women.
Deputy Prime Minister David Lammy, announcing the consultation, made clear this is about fairness for everyone: “When a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life.”
Justice Minister Baroness Levitt KC added: “Financial independence should be afforded to everybody, not just those who choose to marry or enter into a civil partnership. Too many women who have suffered the horrors of domestic abuse are left destitute at the end of a relationship because they’ve been denied the rights they deserve.”
What Does This Mean for Survivors of Domestic Abuse?
This is a particularly important aspect of the consultation. Sam Smethers, CEO of Surviving Economic Abuse welcomed the proposals, noting that cohabiting survivors are too often “left with no safe route to separate financially from an abusive partner, forced to abandon their home, savings or financial security just to escape.”
The consultation specifically considers whether courts should give greater weight to economic abuse, a form of control that is often invisible but devastating, when resolving financial matters at the end of a relationship.
Melanie Bataillard-Samuel, Chair of Resolution, the national body representing family law professionals, also welcomed the announcement, describing the current law as one that “often enables perpetrators of domestic abuse to continue that abuse after a relationship has ended.”
What Happens Next?
The consultation, titled A Fairer End to Relationships runs until 14 August 2026 and is open to the public, legal professionals, academics, and charities. The Government will then consider responses before finalising policy, with any legislative changes subject to parliamentary time.
This means the law is not changing overnight. But the direction of travel is clear, and this is a consultation that carries real political weight.
What Should You Do Right Now?
You do not need to wait for Parliament to act. There are practical steps available to cohabiting couples today:
Cohabitation agreements.
A legally sound cohabitation agreement sets out how assets, property, and finances would be handled if the relationship ends. It gives both partners clarity and protection.
Property ownership structures.
How a property is legally owned as joint tenants or tenants in common, can make a significant difference to what happens if a relationship ends or a partner dies. This is something many couples have never considered, and our family law solicitors can advise you on the right structure for your circumstances.
Wills.
Without a will, an unmarried partner has no automatic right to inherit. A will is one of the most important documents a cohabiting couple can have.
