Cohabiting couples rights UK 2026; what is changing and what you can do right now

If you live with a partner but are not married, today's news matters - not because the law has changed yet, but because the government has finally launched a formal consultation that could lead to the most significant shift in family law for decades. And in the meantime, the rights you currently have as a cohabiting couple are considerably fewer than most people realise.

The government announced today that it is launching a ten-week consultation on strengthening financial rights for the 3.5 million cohabiting couples in the UK. The consultation covers cohabitation rights for unmarried couples, financial remedies on divorce, and changes to inheritance rules for bereaved partners. Any resulting legislation is unlikely before 2028. That timeline matters, because it means if your relationship ended tomorrow or your partner died without a will, the current rules - not the proposed new ones - would apply to you.

Here is what those current rules actually say, what the consultation is proposing, and most importantly, what you can do right now to protect yourself without waiting for Parliament.

What rights do cohabiting couples have in the UK right now?

This is where a lot of people get a nasty surprise. The myth of common law marriage persists, but the reality is that no matter how long a couple has lived together, cohabitants have no legal status and are financially vulnerable. The length of your relationship makes no difference. Having children together makes no difference. Sharing a home for twenty years makes no difference.

Specifically, right now as an unmarried cohabiting partner in England and Wales:

• You have no automatic right to your partner's property or savings if you separate

• You have no claim to their pension or assets

• If your partner dies without leaving a will, you are not automatically entitled to anything they leave behind, including property you may have lived in together for decades

• There is no legal duty for one partner to support the other financially after a breakup

• If an unmarried couple splits up, there are no automatic rights to each other's property, assets or income, apart from property that is jointly owned and child maintenance

This lack of protection comes as a surprise to many couples, but often only when it is too late. The assumption that living together creates legal rights is one of the most common and costly misconceptions in UK family law.

What is the government proposing to change?

The consultation launched today by the Ministry of Justice covers several significant areas. The proposals include:

Giving cohabiting couples who have lived together for at least three years, or who share a child, access to financial remedies when a relationship ends. This could include a share of a house sale and financial support for a financially dependent partner, similar in principle to what divorcing couples can currently apply for through the courts.

Giving bereaved unmarried partners automatic rights to inherit if their partner dies without a will. Currently, dying without a will means your estate passes to blood relatives, not the partner you lived with.

Exploring whether courts should give greater weight to domestic abuse, including economic abuse and coercive control, when deciding financial outcomes for both cohabiting and married couples.

Making pre-nuptial and post-nuptial agreements legally binding for married couples who choose to enter one.

The Deputy Prime Minister David Lammy said on today's announcement: "When a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life. Whether you've been left bereaved by the sudden and unexpected death of a partner, or escaped horrific domestic abuse, our laws should work to protect you."

What the proposals do not do

It is worth being clear about a couple of things the consultation is not proposing. The government has explicitly said the new framework would give cohabiting couples a distinct and different set of rights from married couples, not the same rights. The proposals are not designed to make cohabitation legally equivalent to marriage.

The consultation also covers England and Wales only. Scotland already has separate, more developed protections for cohabiting couples under the Family Law (Scotland) Act 2006.

And critically, the consultation closes on 14 August 2026. Even after that, the government will need to consider the findings before finalising policy, and any resulting legislation must pass through Parliament. Any resulting legislation is unlikely before 2028.

What cohabiting couples can do right now

Because the law has not changed, the protection available to cohabiting couples today comes from taking practical steps yourselves rather than relying on legal rights you do not yet have. These are the most important ones.

Make a will. This is the single most important thing an unmarried couple can do. Without one, your partner inherits nothing automatically regardless of how long you have been together. A basic will costs from around £100 through a solicitor or less through an online service, and it ensures your wishes are legally recorded.

Consider a cohabitation agreement. A cohabitation agreement is a legal document that sets out what happens to property and finances if the relationship ends. It can cover who owns what, how joint costs are split, and what happens to a shared home. Professionally drafted cohabitation agreements remain essential protection in the meantime while the law catches up. Costs vary but typically start from around £500 through a solicitor.

Check your property ownership structure. If you own a home together, how it is registered matters enormously. Joint tenants means the property passes automatically to the survivor if one partner dies. Tenants in common means each person owns a defined share that passes according to their will. If you are not sure how your property is registered, check with your solicitor or the Land Registry.

Check pension nominations. Most pension schemes will automatically pay out to a spouse, but there are no guarantees for cohabiting partners. Contact your pension provider and make sure your partner is named as your nominated beneficiary. This takes minutes and costs nothing.

Take legal advice if you are in financial difficulty due to a separation. Even under current law, there are limited routes to financial protection in some circumstances, particularly where children are involved. A family law solicitor can advise on your specific situation. Resolution (resolution.co.uk) is a network of family law professionals committed to constructive approaches and can help you find a specialist.

If you are in an abusive relationship

The consultation specifically addresses the situation of domestic abuse survivors in cohabiting relationships, who the government acknowledges are among the most financially vulnerable people in the country when trying to leave. If you are in a relationship involving domestic abuse of any kind, including economic abuse or coercive control, please reach out for support.

• National Domestic Abuse Helpline: 0808 2000 247 (free, 24 hours a day)

• Surviving Economic Abuse: survivingeconomicabuse.org

• Women's Aid: womensaid.org.uk

You do not have to wait for new laws to get help. Support is available right now.