Cohabitation reform: How this 2026 consultation may affect unmarried couples. 

Modern relationships are changing. Compared to 1975, opposite-sex marriages in the UK have fallen by about 50% compared to the 1970s. Approximately 50 years ago, roughly 7 in 10 adults were married, but today, that figure drops to just 4 in 10.

It’s common nowadays for unmarried couples to cohabitate, purchase houses, have children, etc. However, the law does not provide appropriate legal protections for those in long-term relationships.

The Government agrees, seemingly, that changes are long-overdue. There is currently a review happening across 2026, with a consultation happening specifically between June 5th and August 10th – a 10 week period. The response to this consultation will inform the government on how the final legislation should look.

What are the current legal protections for couples who are unmarried?

As it stands, unmarried couples have no automatic right to many of the benefits that married couples experience. Many people believe that there “common law marriage” will protect them, but unfortunately, this is not the case and has had no legal basis in England since 1753.

If you separate, there is no claim to property, income, savings, or pension – regardless of how long you have been together. Furthermore, unmarried partners do not have an automatic ‘next of kin’ status when it comes to medical issues.

If your partner unexpectedly dies, and there is no Will, then you may face a legal struggle to access their assets as the rightful beneficiary.

This is why it’s particularly important to ensure things like your Will and LPA are prepared far-in-advance. Not only does it protect you, but it also protects your loved ones, even if you aren’t married.

What are the proposed law changes for unmarried couples?

The Government’s consultation proposes introducing a new legal framework for long-term cohabiting couples across England and Wales. As this is still in the consultation phase, the final legislation has not been decided. However, it’s understood that this proposal would give many unmarried couples rights that they currently do not have under current laws.

Some of the key proposals include:

• Financial protection following separation for eligible couples
• Automatic inheritance rights
• Eligibility after living together for at least three years, though this may be sooner if the couple share a child.
• Courts will take into consideration whether the couple have an “enduring family relationship” rather than simply just sharing an address.

And very importantly – additional protections for individuals who have experienced economic abuse or domestic abuse during the relationship.

If put into legislation, these proposals would not make cohabitation equal to a marriage of civil partnership. The intended plan would be to create a separate legal framework that takes into consideration the reality of modern relationships in order to continue the distinction between a married and unmarried couple.

As per the GOV UK website, they are inviting feedback from legal professionals, organisations, and members of the public before deciding on the final proposals. This means the legislation may change before it becomes law.

How do these law changes affect you?

If you’re living with your partner without being married or in a civil partnership, these proposals could have a significant impact on your future legal rights.

Should the reforms be introduced, qualifying couples may have access to financial aid if their relationship ends and greater protection if one partner dies unexpectedly. For many families, this provides much-needed security where the law currently fails.

However, until this legislation is passed, the existing law remains unchanged.

That means if you separate today, or your partner dies without a Will, you may still have very limited legal rights. Many couples mistakenly believe that years of living together automatically create legal protections, but this simply isn’t the case.

Whether the reforms become law next year or several years from now, planning ahead remains essential. Having the right legal documents in place gives you certainty regardless of future legislative changes.

Planning ahead for the future

Although the Government’s proposals are encouraging, consultations do not automatically become law. Even once the consultation closes, it may take months or even years before any legislation is introduced and implemented.

Rather than waiting to see what happens, it’s worth taking steps now to protect yourself and your family.

Having an up-to-date Will ensures your wishes are followed if you die, while a Lasting Power of Attorney (LPA) allows someone you trust to make decisions on your behalf should you lose capacity. If you own property with your partner or have children together, obtaining legal advice can also help ensure your financial arrangements reflect your intentions.

At Daniel Woodman & Co., we help individuals and families put practical legal protections in place with clear, straightforward advice. Whether you need to prepare a Will, arrange a Lasting Power of Attorney, or review your estate planning, our experienced team is here to help.

Get in touch with Daniel Woodman & Co. today to discuss how we can help protect you and the people who matter most.