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There are an estimated 3.5 million unmarried couples in England and Wales who may not realise they could lose everything if their relationship ends or their partner dies. That could be about to change.
On 5 June 2026, the Ministry of Justice launched a 10-week consultation on a package of family law reforms aimed at modernising protections for cohabiting couples and domestic abuse survivors. Despite being one of the fastest-growing family types in the UK, cohabiting couples currently have no automatic legal protection which is a misconception often referred to as the "common law marriage" myth. In reality, no such status exists, and the consequences can be devastating.
The key proposals:
Cohabiting couples would gain significantly greater financial protections when relationships end, closing the current gap between their rights and those of married couples while remaining deliberately distinct from marriage in order to preserve its legal status.
Unmarried partners would automatically inherit if their partner dies without a will, addressing the current position where surviving cohabitants have no automatic legal recourse under intestacy rules.
Courts would be required to give greater weight to the impact of domestic abuse including controlling or coercive behaviour and economic abuse, when assessing financial arrangements on separation, for both married and cohabiting couples.
Pre and post-nuptial agreements would become legally enforceable, moving away from the current position where courts retain discretion to depart from them, giving couples far greater certainty over how their arrangements will be treated on divorce.
Amarjit Ryatt, Partner and Head of Family Law & Divorce comments: "These proposals represent one of the most significant shifts in family law we've seen in years. For too long, cohabiting couples have operated under the mistaken belief that a 'common law marriage' offers them protection, it doesn't, and the consequences on separation or death can be devastating. Bringing greater clarity and fairness to cohabitation rights, alongside making nuptial agreements enforceable, would give couples far more certainty and control over their own arrangements."
Beyond family law, these reforms have real implications for private client work too. The proposed automatic inheritance rights for unmarried partners would mark a fundamental shift in how intestacy rules operate meaning cohabiting couples who currently rely on a will to protect their partner may need that will be reviewed while those without one may find their position changes significantly if the reforms go ahead. It's a timely reminder that family law and private client planning are often two sides of the same coin and couples should be looking at both together, not in isolation.
The consultation runs for 10 weeks from 5 June 2026. We'll be watching closely and will share updates as the proposals develop.
With the consultation closing in August 2026, now is a good time to review cohabitation agreements, existing wills, or nuptial arrangements.
Speak to our Family or Private Client teams to understand how these changes could affect you.
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