Canter Levin & Berg Solicitors

What is the government proposing?

The consultation, A Fairer End to Relationships, focuses on three key areas of reform:

Cohabitation on separation

A new legal framework is being considered that would allow eligible cohabiting partners to make financial claims if their relationship ends.

Inheritance rights

Proposals include giving qualifying cohabitants automatic rights under intestacy rules—bringing them closer to the position of spouses and civil partners.

Divorce finances

The consultation is also reviewing how assets are divided on divorce, although this article focuses on changes affecting cohabiting couples.

Across these proposals, the government’s priorities are clear: protecting vulnerable individuals, putting children first, creating a more accessible system, and maintaining the distinct legal status of marriage.

Why are these changes being considered?

Many people are surprised to learn that there is no such thing as a “common law spouse” in England and Wales. Despite the term being widely used, it offers no legal protection.

This gap in the law is becoming increasingly significant. Cohabiting couples now account for nearly a quarter of all couples living together, yet many still have:

• No automatic right to share assets on separation
• No right to inherit if a partner dies without a will
• Limited access to financial remedies, regardless of the length of the relationship

The government launched this consultation on 5 June 2026, with responses open until 14 August 2026. The outcome could fundamentally reshape the rights of unmarried couples.

From our experience, we regularly support individuals who have built a life with their partner—only to find, when the relationship ends, that the law offers little protection. These proposed changes aim to address that imbalance.

Who would qualify for new cohabitation rights?

Not all couples would automatically be covered. Under the current proposals, you would need to:

• Have lived together for at least three years; or
• Have a child together

You must also be over 18, in a committed relationship, and bring any claim within two years of separation.

Couples would also have the option to opt out through a formal agreement.

What could change for couples who own a home?

This is one of the most important areas of reform.

Currently, disputes are typically handled under trust law (TOLATA), which can be complex, time-consuming, and costly. Under the proposed framework, courts could instead make property adjustment orders, allowing them to:

• Transfer ownership
• Order the sale of a property
• Adjust ownership shares based on financial need

While legal ownership would still be considered, it would no longer be the deciding factor—representing a significant shift in approach.

Would existing laws still apply?

Yes. TOLATA would continue to apply in certain situations, including where:

• Couples do not meet the qualifying criteria
• They choose to opt out of the new system
• Their arrangements are more complex

The new framework is intended to sit alongside existing law, rather than replace it entirely.

What about couples with children?

Couples who have a child together would qualify regardless of how long they have lived together.

In these cases, the courts would prioritise the child’s needs when making financial decisions, ensuring their welfare remains the central focus.

What happens if a partner dies without a will?

At present, unmarried partners do not automatically inherit under intestacy rules.

The proposed changes would give qualifying cohabitants rights similar to spouses—likely after five years of living together, unless they have a child together.

For now, however, having a valid will in place remains essential.

How would this differ from marriage?

It’s important to understand that these proposals are not intended to replicate marriage. Key differences would remain:

• No automatic equal division of assets
• A narrower definition of financial need
• Financial support available only in limited cases
• No automatic pension sharing
• The option for couples to opt out

In essence, the reforms aim to provide a safety net—rather than create an alternative to marriage.

What should you do now?

Although the law has not yet changed, there are steps you can take to protect yourself:

• Make a will — this is particularly important for cohabiting couples
• Consider entering into a cohabitation agreement
• Review how any property is owned
• Seek legal advice early if concerns arise

Planning ahead can make a significant difference, whatever the future holds.

Speak to our family law team

If you would like to understand how these proposed changes could affect you, or need advice on protecting your position, our experienced family law team is here to help.

Get in touch today to discuss your situation and put the right safeguards in place.