In early June 2026, the government announced that there will be a major cohabitation consultation that could finally bring fairer legal rights and protections for cohabiting couples in England and Wales, particularly around separation and inheritance when a partner dies without a will, notes Andy Stout.
Andy Stout, Head of Family Law at Tallents Solicitors
This is a very welcome and long‑overdue step that aligns closely with the concerns we at Tallents Solicitors have been raising locally for many years about the lack of financial protections faced by the estimated 3.5 million unmarried couples in the UK who live together without getting married or entering a civil partnership.
Why the cohabitation consultation matters
Resolution, the national body representing around 6,500 family law professionals, has described the government’s consultation on cohabitation reform as a “landmark move towards fairness for families”. The consultation is looking at protections for cohabitants when relationships end, financial remedies and, crucially, what happens when cohabitants die without leaving a will.
For years, as family law professionals we have seen up close the practical unfairness that arises because cohabiting couples simply do not have the same legal framework as those who are married or in a civil partnership. The fact that government is now engaging seriously with these issues is, in itself, a very positive development for modern families who choose to live together without marrying.
Key positives in the proposed framework
The government consultation is expected to consider a framework that would apply where cohabitants have lived together for at least three years, or share a child, and are in an “enduring family relationship”. That reflects what many of us see every day: long‑term, committed family units who are currently treated in law as little more than housemates when things go wrong.
Importantly, the proposals encompass: greater protection when cohabiting relationships end; reform of financial remedies and clearer rules about what happens when a cohabitant dies without a will. The latter is a real pressure point where cohabiting families currently find themselves most exposed legally, particularly the surviving partner who discovers, often during bereavement, that they have no automatic inheritance rights at all.
Reflection of modern family life
Cohabiting couples are now the fastest‑growing family type in England and Wales, yet the law has lagged significantly behind social reality. Many couples deliberately choose not to marry, for personal, cultural or financial reasons, but they still expect a basic level of mutual protection if they build a life together. Andy supports clearer financial rights and protections for modern families through this cohabitation consultation.
Separation: towards a fairer end to relationships
Under the current law, when a cohabiting relationship breaks down the court largely focuses on strict ownership, i.e. whose name is on the title deeds or what the express shares are, rather than what is “fair” overall. That contrasts sharply with marriage, where the court is empowered to look at needs and fairness when dividing assets, especially the family home.
The proposed framework for cohabitants is aimed at closing some of that gap by giving courts clearer tools to reach outcomes that reflect the genuine contributions and needs of both partners at the end of a relationship. While the detail will be crucial, even moving the needle towards more structured protection is a significant positive for vulnerable partners who might otherwise walk away with nothing.
Death and inheritance: protecting the surviving partner
Another particularly welcome aspect of the consultation is its focus on what happens when a cohabitant dies without leaving a will, says Andy. At present, unmarried partners do not automatically inherit from each other, regardless of how long they have been together or whether they have children. This a common misconception known as “common law” marriage, which does not legally exist.
Survivors must often rely on complex and uncertain claims, for example under inheritance legislation, rather than benefiting from a clear statutory entitlement. By looking at cohabitation in the context of intestacy, the government is finally acknowledging the harsh outcomes that many bereaved partners currently face – outcomes that often come as a complete shock because they assumed their “common law” status would be recognised.
Who might qualify – and why it still matters to plan ahead
Andy says: “The suggestion that rights and protection for cohabitants may be linked to couples who have lived together for at least three years, or share a child, and can show an “enduring family relationship” is sensible as a starting point. It focuses on genuine, family units rather than short‑term or casual arrangements, which is politically and practically important.
However, until any new law is finalised and in force, unmarried couples remain in the current, much riskier legal and financial position. Even after reform, there will likely be couples who fall just outside the thresholds, or situations where the court’s discretion produces outcomes that differ from what the couple thought was “fair”, so proactive planning will continue to matter.
Practical steps you can take now
While we at Tallents Solicitors welcome this cohabitation consultation, it is not yet law, and change will take time as government considers responses and schedules legislation. In the meantime, cohabiting couples can still do a great deal to protect themselves and each other, and our family law experts at Tallents Solicitors can help you achieve these:
- Put a clear cohabitation agreement in place, recording how you intend to own and share property, savings and other assets, and what should happen if you separate.
- Agree and document how you own your home (joint tenants or tenants in common) and consider a Declaration of Trust to spell out your respective shares and contributions.
- Make or update your wills so that your partner is properly provided for, especially if you have children or differing contributions to the family home.
- Review your life insurance and pension nominations to ensure any lump sums or death‑in‑service benefits go where you intend, rather than by default under current intestacy rules.
These are all steps we have been urging local cohabiting couples to take for many years, precisely because of the gaps in the current law that Resolution is now seeking to address at national level.
Have your say in the cohabitation consultation
The government is also seeking your personal views on the consultation, and they are definitely welcomed. So, if you are currently cohabiting, you can make your views known by completing the online questionnaire. Just click here: https://consult.justice.gov.uk/digital-communications/a-fairer-end-to-relationships-consultation/
The consultation will close on 14 August 2026.
Final thoughts from Andy
“As a long‑standing Resolution member,” says Andy “I have consistently supported approaches that reduce conflict and promote fairness for separating families. The consultation on cohabitation reform is very much in line with that ethos: it aims to create clearer, more predictable outcomes and to reduce the scope for expensive, acrimonious disputes when relationships end.
“From Tallents Solicitors’ point of view, anything that brings the law closer to the way modern families actually live and offers better protection for those who are most vulnerable at moments of separation or bereavement, is to be welcomed. At the same time, we will continue to encourage cohabiting clients to take sensible protective steps now – through cohabitation agreements, declarations of trust and wills – rather than waiting for legal reform to eventually be enshrined in law.”
If you are currently cohabiting and unsure what this consultation might mean for you, Andy and his Family Law team are available for confidential appointments. Tallents Solicitors also offers a free, phone-in family law clinic on the first and last Tuesday evening of each month. Just call 01636 813411 to speak to one of our experienced staff.
