For decades, family lawyers have been burdened with the difficult task of explaining to separating, unmarried couples that the concept of a "common law marriage" simply does not exist in English law. Regardless of how many years a couple has lived together, or how intertwined their finances have become, the law currently treats them as two entirely separate individuals.
Countless people have found themselves entirely destitute or without financial protection after a long-term relationship breaks down, or when a partner passes away. However, the legal landscape is finally poised for a necessary and profound evolution.
The government has officially launched its long-awaited consultation on reforms designed to grant cohabiting couples significantly greater financial protections.
The Core Proposals
This consultation represents a fundamental shift in how the justice system views and accommodates modern relationships. The proposals explore several critical areas of family law:
Financial Protection Upon Separation: The reforms would give cohabiting couples greater financial protections when their relationships end, preventing the severe financial hardship that often befalls the more vulnerable partner.
Automatic Inheritance Rights: Currently, if an unmarried partner dies without a will, the surviving partner has no automatic right to inherit under intestacy rules. The consultation proposes introducing automatic inheritance rights when a partner dies without a will.
Protection for Abuse Survivors: The government also intends to use this legislation to strengthen safeguards for domestic abuse survivors.
Who Will Qualify as a "Cohabitant"?
A crucial aspect of these proposed changes is how the law will define the relationship itself to prevent frivolous claims. Under the current proposals, couples will be considered cohabitants if they have lived together for at least three years or share a child.
The Nuptial Agreement Factor
Interestingly, the consultation is not just looking at unmarried couples. It will also explore making pre-nuptial and post-nuptial agreements legally binding.
Currently, while courts give these agreements significant weight if drafted correctly, they are not automatically enforceable. Ministers argue that these combined changes would modernise family law and better reflect contemporary relationships.
The View from the Legal Profession
The announcement has been met with widespread approval from family law practitioners, though with a pragmatic understanding of the challenges ahead.
Justice Secretary David Lammy stated that when a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life.
The Law Society of England and Wales has also welcomed the news. Vice President Brett Dixon highlighted that millions of people in cohabiting relationships have lacked basic financial protections for far too long.
What This Means for You Today
At D&A Solicitors, we are monitoring this consultation closely. It is a highly positive step towards modernising a desperately outdated area of family law.
However, it is vital to remember that a consultation is only the first step. These are currently just proposals, and it will take time for them to be debated, drafted, and passed into formal law.
Until new legislation is officially implemented, unmarried couples remain entirely vulnerable under the current rules. We continue to strongly advise all cohabiting couples to proactively protect themselves by having a formal Cohabitation Agreement drawn up and ensuring their wills are fully up to date.
We will continue to publish updates as this consultation progresses. If you wish to discuss your current legal standing or explore putting protective agreements in place, please contact our family law team for clear, professional guidance.
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