06/07/2026
Millions of unmarried couples could receive stronger legal rights, but what does this mean for families today?
The Government has announced plans to strengthen the legal rights of unmarried couples, recognising that family life has changed significantly over the past few decades. With more than 3.5 million cohabiting couples in the UK, it’s a conversation that is long overdue.
At Wells Family Mediation, we welcome any discussion that helps bring greater clarity and fairness to separating families. However, it’s equally important to understand what has, and hasn’t changed.
The law hasn’t changed… yet.
The recent announcement is the launch of a consultation, not new legislation.
That means unmarried couples do not currently have the same legal rights as married couples or those in a civil partnership if their relationship ends or one partner dies.
Despite what many people believe, there is still no such thing as a “common law marriage” in England and Wales.
It’s something we regularly find ourselves explaining to clients, often at a point when they are already navigating an emotional separation.
Why is this important?
Many couples buy homes together, raise children and build lives together without ever marrying.
If that relationship breaks down, the legal position can come as a real shock.
Unlike divorce, there isn’t a straightforward legal framework for dividing finances simply because you’ve lived together for many years. Issues around property, finances and future arrangements can quickly become complicated.
The Government is consulting on reforms that could provide greater financial protection for cohabiting couples in the future, alongside stronger protection for bereaved partners and survivors of domestic abuse.
If introduced, these changes would represent one of the biggest reforms to family law in a generation.
So what should couples do now?
Until any law changes, the current legal position remains exactly the same.
If you’re living together but aren’t married or in a civil partnership, now is a good time to review your arrangements.
That might include:
• Understanding how your home is legally owned.
• Making or updating a Will.
• Considering a Cohabitation Agreement.
• Seeking advice early if your relationship is coming to an end.
Where mediation can help
Legal rights are only one part of separation.
Whether you’re married or unmarried, mediation provides a safe, constructive space to have conversations about children, finances and future arrangements without immediately resorting to court.
Every family is different, and every separation deserves an approach that focuses on communication, clarity and finding practical solutions that work for everyone involved.
As the law evolves, we’ll continue to keep families informed. In the meantime, don’t assume that living together automatically gives you the same legal protection as marriage.
If you’re unsure about your position or would like to understand your options, we’re always happy to talk.
