05/06/2026
Big changes could be coming for unmarried couples.
The Government has launched a consultation on strengthening the rights of cohabiting couples, which could have a significant impact on people who live together but are not married or in a civil partnership.
The proposals include:
💚 Stronger financial rights for cohabiting couples if they separate
💚 Automatic inheritance rights if one partner dies without a will
💚 A proposed definition of cohabiting partners as couples who have lived together for at least three years or share a child
💚 Greater protection for domestic abuse survivors
💚 A review of whether pre-nuptial and post-nuptial agreements should become legally binding
This is an important development, but for now, the law has not changed.
Angie Brown, Head of Family Law & Non-Court Resolution at Emerald Law, says:
“Whilst we recognise that the consultation is only the first step, this has been a long awaited development and a change in the law would reflect significant progress for cohabiting couples and in my opinion represent a much more accurate reflection of a very common framework of modern families. This is a very exciting first step.”
Many people still believe in the idea of a “common law marriage”, but this does not exist in England and Wales. Unmarried couples do not automatically have the same legal rights as married couples, even if they have lived together for many years.
If you are living with a partner, separating from a partner, buying property together, or worried about your financial position, it is important to get legal advice so you understand your rights.
At Emerald Law, our family law team can help you understand your rights and take practical steps to protect your future. Call us on 0151 229 1170 or visit https://emeraldlaw.co.uk/help/contact to speak to us.