The UK government has unveiled plans to grant greater legal protections to approximately 3.5 million unmarried couples, addressing a long-standing gap in family law. The proposed reforms would allow cohabiting partners to inherit assets without a will and gain financial security upon separation, provided they have lived together for at least three years or have a child together. A consultation on the proposals is open until August, and couples would have the option to opt out.
Current law leaves cohabiting partners vulnerable
Under existing law in England and Wales, there is no legal recognition of 'common law marriage,' regardless of how long a couple has lived together. Matthew Barnett, private client partner at Edwin Coe, explained: 'No matter how long a couple has lived together, cohabiting partners do not acquire the same legal rights as married couples or civil partners simply by virtue of living together. This is a widespread and persistent misconception and one with serious consequences.'
If an unmarried partner dies without a valid will, the surviving partner has no automatic right to inherit. Instead, the estate passes to blood relatives, such as children, parents, or siblings, potentially leaving the surviving partner without access to the family home or shared assets.
Government consultation aims to modernise family law
The consultation document states: 'The government recognises that due to the cost of living pressures, financial security is more important than ever and the current outdated system offers unmarried couples who live together limited financial rights if their relationship ends. By bringing the family law into the modern day, the government's proposals will help couples, including survivors of domestic abuse, gain financial security at the end of a cohabiting relationship.'
The proposed protections would apply to couples who have a child together or have lived together for at least three years. They would also provide greater legal safeguards in the event of a breakup, not just upon death.
Real-life consequences of the current system
Lauren Preedy, a partner and family solicitor at Amicus Law, recounted a case where a client left a 28-year unmarried relationship at a significant disadvantage. While she worked a minimum wage job, her partner earned £75,000, had a pension pot worth £700,000, and savings of £300,000. She had no pension or savings. 'She was only entitled to 50% of the house and nothing more,' Preedy said. 'In marriage, there would have been sharing of the pension and the cash.'
Preedy added: 'I have seen awful situations where people have cohabited for many years, having not married, and then have been left in financial hardship because the other person is the high earner, has a large pension pot and savings, and, in simple terms, the other person has no right to sharing those assets. If they were married, then they would have been.'
Steps couples can take to protect themselves
Legal experts advise all couples living together to seek legal advice early. 'Having clear arrangements in place, whether through cohabitation agreements or pre- and post-nuptial agreements, can help avoid uncertainty later on. The more certainty, the better,' Preedy said.
Around 66% of Brits do not have a valid will, which can cause serious issues for loved ones. Without a will, the estate is distributed according to the rules of intestacy, which primarily benefit married partners and certain relatives. Unmarried partners are not included in this hierarchy.
