There are approximately 3.6 million cohabiting couples in the United Kingdom. They share homes, finances, children, and lives. Many assume that the longer they live together, the more legal protection they acquire. They are wrong. The concept of “common-law marriage,” the idea that cohabiting couples gain rights similar to those of married couples over time, is a legal myth. It does not exist in English law. And until proposed 2026 reforms become legislation, cohabiting couples remain acutely vulnerable in ways that most do not fully appreciate until it is too late.
The Reality of the Current Legal Position
Under the current law in England and Wales, an unmarried couple who separate after years of cohabitation have no automatic right to:
- Share in each other’s assets or property
- Receive any form of spousal-type maintenance
- Inherit from each other’s estate if there is no will
A partner who gave up their career to care for children, or who contributed financially to a home registered solely in the other’s name, may find themselves with very limited recourse.
Common Law Marriage: A Dangerous Myth
The persistence of the common-law marriage myth is one of the most significant sources of legal harm affecting ordinary people in the UK. Research consistently shows that a majority of cohabiting couples believe they acquire rights through the length of their relationship. They do not.
There is no threshold, whether two years, five years, or twenty, at which cohabitation confers the rights of marriage. A couple who have lived together for 15 years and have three children together have no more automatic legal entitlement to each other’s assets on separation than a couple who moved in together last month.
What the 2026 Consultation Proposes
The Government’s 2026 consultation on cohabitation rights marks a serious step toward reform. The proposals include:
A minimum period of cohabitation: Rights would accrue after a qualifying period, proposed at between two and five years of cohabitation. Couples with children together may qualify without a minimum period.
A statutory property scheme: On separation, there would be a statutory framework for assessing each party’s financial contributions and adjusting property entitlements accordingly.
Temporary transitional maintenance: Short-term financial support could be ordered where one partner has suffered significant economic disadvantage as a result of the relationship, for instance, by giving up employment to care for children.
Improved intestacy protection: If a cohabiting partner dies without a will, the surviving partner would have a clearer statutory right to inherit from the estate.
These proposals are not yet law. Final legislation is expected in 2027 at the earliest.
Protecting Yourself Now: Cohabitation Agreements
While awaiting reform, the most effective tool available to cohabiting couples is a cohabitation agreement, a legal contract that sets out how finances, property, and other assets will be managed and divided if the relationship ends. A well-drafted agreement can address:
- Ownership of property and the proportions in which it is held
- How joint expenses and savings are managed
- What happens to the home if one partner dies or if the relationship breaks down
- How children’s arrangements will be managed
Demand for cohabitation agreements has risen sharply in 2026, with a reported 200% increase in couples seeking these documents.
Children and Cohabitation: Separate Protections
It is important to note that the law treats financial rights between cohabiting partners and financial rights relating to children separately. Children have clear statutory rights to financial support from both parents, regardless of whether those parents were ever married.
Arrangements for where children live are governed by the Children Act 1989 and the welfare principle, the same framework that applies to married couples.
Making a Will
Given the absence of automatic inheritance rights for cohabiting partners, making a will is arguably the single most important step an unmarried couple can take. Without a will, the rules of intestacy apply, and those rules do not currently recognise cohabiting partners, regardless of the length of the relationship.
What to Do Next
If you are in a cohabiting relationship, the most important actions you can take now are:
- Understand the myth of common-law marriage and the actual limits of your current
legal position - Consider a cohabitation agreement drafted by a family law solicitor
- Make or update your will, and ensure your partner is included
- If you are purchasing property together, ensure the legal ownership is structured to
reflect your intentions - Monitor the progress of the 2026 cohabitation rights reforms and take further advice
as legislation develops
The 2026 consultation is encouraging, but legislation takes time. In the meantime, the absence of statutory protection means that proactive legal planning is a necessity.