A Fairer End to Relationships? What the 2026 Government Consultation Could Mean for Cohabiting Couples
In England and Wales, over 3.5 million couples now live together without being married or in a civil partnership. These individuals are known as “cohabiting couples”. Despite this significant shift in modern family life over recent years, the law has failed to remain relevant by keeping up to date. For many of these cohabiting couples, the current legal protections available when a relationship ends remain scarce.
Recognising this ever-expanding gap between social reality and legal protection, the Government launched its consultation, “A Fairer End to Relationships”, on 5 June 2026. The consultation seeks views on significant modern reforms affecting cohabitants, divorce law, and inheritance rights.
The myth of the “common law marriage”
One of the most persistent misconceptions in English law is the belief that couples who live together for a long period become “common law spouses” and acquire rights like those of legally married couples.
Many people are surprised to learn that common law marriage does not exist in England and Wales.
The length of a relationship, the sharing of household expenses, or even having children together does not automatically create rights to a partner’s assets or income if the relationship ends. Whilst cohabiting couples may function in every practical sense as a married couple, the law continues to treat them very differently.
This misunderstanding can leave many individuals vulnerable, particularly where one party has sacrificed career opportunities, contributed to raising children, or undertaken most of the domestic responsibilities during the relationship.
The current legal position
Unlike married couples, cohabitants do not benefit from the wide powers available to the Family Court upon divorce. There is no automatic entitlement to a share of a partner’s property, savings, pension, or income simply because a relationship has ended.
Instead, the disputes we see most often are between cohabiting couples being generally determined under principles of property and trust law. Claims often arise under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) and frequently involve arguments that a party has acquired a beneficial interest in a property through a common intention constructive trust.
The leading authority remains Stack v Dowden [2007] UKHL 17, where the House of Lords considered how beneficial ownership should be determined where property was held in joint names. The case established important principles concerning the intentions of parties and the circumstances in which ownership shares may differ from legal title.
However, such claims are often complex, fact-sensitive and expensive to pursue. Unlike divorce proceedings, the court’s focus is not on fairness or future financial needs but on identifying the parties’ intentions regarding ownership. This can create significant difficulties for individuals whose contributions to the relationship were primarily non-financial.
Recognition of domestic contributions
In recent years, the courts have shown some willingness to recognise the reality of modern relationships by acknowledging that contributions to a family extend beyond direct financial payments.
Cases such as Graham-York v York and others [2015] EWCA Civ 72 demonstrated a greater appreciation of domestic contributions such as caring for children and looking after the family home when assessing beneficial interests. Whilst the courts have not created a general right to financial provision for cohabitants, these decisions recognise that unpaid domestic work and childcare can be relevant when determining whether a beneficial interest has arisen.
A further important example is Jones v Kernott [2011] UKSC 53. In that case, an unmarried couple had bought their family home in joint names, but after separation Mr Kernott left the property and made no further contribution to the mortgage or household expenses for many years, while Ms Jones remained in the home with the children and met those costs alone. The Supreme Court held that, although joint legal ownership usually suggests equal beneficial ownership, that presumption could be displaced where the parties’ common intention had changed over time. On the facts, the Court restored an order giving Ms Jones a 90% beneficial interest and Mr Kernott 10%.
Nevertheless, the current legal framework remains rooted in property law rather than principles of fairness. Many commentators argue that it fails to provide adequate protection for economically vulnerable partners, who may have reduced their earning capacity in order to support their family or their partner.
What happens when a partner dies?
The legal difficulties faced by cohabitants do not arise only upon separation.
Under the current rules of intestacy (i.e. where someone has died without a will), a surviving unmarried partner has no automatic right to inherit from their deceased partner’s estate if no valid will exists. This remains the case regardless of how long the couple lived together or how financially intertwined their lives became.
Whilst a surviving partner may be able to pursue a claim under the Inheritance (Provision for Family and Dependants) Act 1975, such claims can be costly, time-consuming and uncertain. They also require litigation at a time when the surviving partner is often dealing with bereavement.
The absence of automatic inheritance rights remains one of the most significant legal disadvantages affecting cohabiting couples.
The government’s proposed reforms
The Government’s consultation acknowledges that the current law has not kept pace with modern family life and that many cohabitants face significant financial hardship when relationships end. The consultation therefore seeks views on introducing a new statutory framework of rights and protections for eligible cohabitants.
Whilst the exact shape of any future legislation remains uncertain, the proposals include:
- Financial protection following separation
The Government is considering the introduction of a statutory scheme allowing certain cohabitants to make financial claims when a relationship ends. Eligibility is likely to depend upon factors such as the duration of the relationship (proposed as living together for at least 3 consecutive years) or whether the couple have children together.
Importantly, the proposed scheme would not replicate divorce law. Instead, the focus would be on addressing financial hardship and meeting needs rather than achieving equal division of assets.
- Greater recognition of domestic abuse
The consultation recognises that financial vulnerability can be exacerbated by domestic abuse, including economic abuse. The Government is therefore considering how any future framework could provide greater protection for victim-survivors whose ability to achieve financial independence has been affected by the relationship.
- Inheritance rights for Cohabiting Partners
The consultation also seeks views on reforming the law of intestacy to provide greater protection for surviving cohabitants where a partner dies without leaving a will.
Such reforms could significantly reduce the risk of financial hardship for surviving partners and better reflect the reality of long-term cohabiting relationships.
Why reform matters
The challenge facing the legislator is finding an appropriate balance between protecting vulnerable individuals and respecting personal autonomy.
Many couples consciously choose not to marry. Others are unaware of the legal consequences of cohabitation until a relationship ends. The consultation attempts to address the resulting gap in protection without simply treating cohabitation as equivalent to marriage.
Whatever reforms emerge, there appears to be growing recognition that the current law leaves too many individuals without meaningful legal remedies after making substantial emotional, domestic and financial commitments to a relationship.
Looking ahead
For the time being, the law has not changed. Cohabiting couples who separate today must continue to rely on existing property, trust and inheritance principles.
However, the Government’s consultation marks a significant step towards modernising an area of law that many practitioners and campaigners have long regarded as outdated. If implemented, the proposed reforms could provide greater certainty, fairness and protection for thousands of families across England and Wales.
The consultation closes on 14 August 2026, and anyone with an interest in this area, including those who have experienced the shortcomings of the current system firsthand, should consider responding and making their views known via the following link: https://consult.justice.gov.uk/digital-communications/a-fairer-end-to-relationships-consultation/
Although we are potentially years away from these reforms being put into place, if you are concerned about your rights relating to property and assets following a relationship breakdown, our Dispute Resolution team can provide clear, informed guidance on your options. We assist individuals in navigating property, trust and inheritance disputes and can advise on the practical implications of the current law. Please contact our solicitors on 0330 822 3451 for tailored legal advice or request a callback.