Cohabitation Rights in the UK: What the Government’s New Proposals Mean for Unmarried Couples

If you live with your partner but are not married, understanding your cohabitation rights in the UK has never been more important. Here, we explain what’s changing, why it matters, and what steps you should consider now.

The Current Position: The “Common Law Marriage” Myth

Many people still believe that living together for a certain number of years creates legal rights similar to marriage. Unfortunately, this is not the case.

In England and Wales, there is no such thing as a “common law marriage.” This means that unmarried couples can have limited financial protection if their relationship ends or if one partner dies without a will.

This gap in unmarried couples’ legal rights is exactly what the Government’s proposed reforms aim to address.

What Are the Proposed Cohabitation Reforms?

The Government has launched a consultation to modernise family law and better support today’s relationships.

The proposals include:

1. Greater financial protection on separation
Unmarried partners may gain the ability to claim a share of assets—such as proceeds from a house sale, if a relationship breaks down.

2. Automatic inheritance rights
If a partner dies without a will, cohabiting partners could receive automatic inheritance rights, reducing uncertainty at an already difficult time.

3. Better protection for domestic abuse survivors
Courts may be asked to place more weight on issues such as coercive or economic abuse when deciding financial outcomes.

4. A fairer, more modern legal framework
The reforms aim to reflect how people live today and provide greater financial security, particularly when one partner is financially dependent on the other.

It’s important to note that these are proposals at consultation stage, meaning the law has not yet changed.

Why This Matters for Unmarried Couples

For many couples, the current system can create real financial risk. Without clear rights, disputes can become complex and stressful—particularly where property, children, or dependency are involved.

The proposed changes are significant because they recognise that cohabitation is now one of the most common forms of family life, yet legal protections have not kept pace.

If introduced, these reforms could provide more certainty, fairness, and protection—especially during separation or bereavement.

What Should You Do Now?

While these changes are not yet law, there are practical steps you can take today to protect yourself:

Consider a cohabitation agreement

A cohabitation agreement can clearly set out how assets, property, and finances will be handled if you separate.

Make or update your will

Without a will, your partner may not automatically inherit under current law.

Review property ownership

Understanding how your home is legally owned can make a significant difference in the event of a dispute.

Seek legal advice early

Every situation is different, and getting tailored advice can help you avoid costly disputes later.

How WSP Solicitors Can Help

Cohabitation law is evolving, but the risks for unmarried couples exist today. Whether you are moving in together, separating, or simply planning for the future, taking proactive steps now can protect you later.

At WSP, our family law specialists provide clear, practical advice on cohabitation rights in the UK, cohabitation agreements, and unmarried couples’ legal rights, always in plain English.

If you would like advice tailored to your situation, contact WSP Solicitors today using the form on the page, by clicking here, or calling us on 01453 847200. We’re here to help you make informed decisions with confidence.