Cohabitation Reform 2026: What the proposals mean for couples

Insights

For many years, there has been a widespread belief that couples who live together for a long period automatically acquire legal rights similar to those of married couples. This idea of a “common law marriage” remains one of the most persistent misconceptions in family law, and the common law marriage myth continues to leave unmarried couples exposed.

In reality, cohabiting couples in England and Wales currently have far fewer legal protections than spouses or civil partners when relationships end or one partner dies. Recognising the growing number of families choosing to live together without marrying, the government has launched a consultation on potential reforms to the law governing cohabitation. The proposals aim to address gaps in protection while maintaining a clear distinction between marriage and cohabitation.

Why Is Cohabitation Reform Being Considered in 2026?

Cohabitation has become increasingly common, with millions of couples choosing to live together without entering into a marriage or civil partnership. Many cohabiting couples raise children, purchase homes together and share finances in much the same way as married couples.

Despite this, the legal framework governing cohabitation has remained limited. When a cohabiting relationship breaks down, disputes concerning property, finances and housing are often determined by complex trust and property law principles rather than broader considerations of fairness. This can leave financially vulnerable partners without adequate protection, particularly where one person has reduced their earning capacity to care for children or support the household.

What About Financial Provision For Children?

Where children are involved, some financial provision may be available through Schedule 1 Children Act claims. These applications can enable a parent to seek financial support for the benefit of a child, including housing provision, lump sum payments and maintenance in certain circumstances. However, Schedule 1 claims are focused on meeting the needs of the child rather than providing financial remedies for the parent themselves, meaning they do not offer the same level of protection available to spouses or civil partners on divorce.

The government’s consultation seeks to explore whether the law should provide greater certainty and fairness for qualifying cohabitants while recognising that cohabitation remains legally distinct from marriage.

What Changes Are Being Proposed?

The consultation considers the introduction of a clearer legal framework for eligible cohabiting couples when their relationship ends.

Although no final decisions have been made, the proposals explore whether qualifying cohabitants (i.e. those who have lived together for a specified period or who have children together) should have access to certain legal remedies following separation.

In practical terms, this could allow a cohabiting partner to seek financial relief where they have suffered economic disadvantage during the relationship or made significant contributions that are not adequately recognised under existing property law principles. The proposals are intended to address situations where one partner may otherwise face serious financial hardship following the breakdown of the relationship.

The consultation also examines ways of simplifying some of the disputes that commonly arise regarding ownership of the family home and financial contributions made during the relationship.

Would Cohabiting Couples Have the Same Rights as Married Couples?

No. A central principle of the consultation is that cohabitation and marriage would remain legally distinct. Marriage and civil partnership carry a broader range of legal rights and responsibilities, particularly in relation to financial claims upon divorce and inheritance rights following death.

The proposals are not intended to replicate the law of divorce for unmarried couples. Instead, they seek to create a more balanced legal framework that reflects modern family arrangements while respecting the different choices people make about formalising their relationships.

Importantly, no changes to the law have yet been introduced. The consultation process is ongoing and any reforms would require further legislative action before becoming law.

What Should Cohabiting Couples Do Now?

While reform is being considered, cohabiting couples should continue to take proactive steps to protect their interests under the current legal framework.

A cohabitation agreement, drawn up with cohabitation agreement solicitors, can help set out how property, finances and household expenses will be managed during the relationship and what should happen if the relationship ends. Couples should also ensure that property ownership arrangements are properly documented and that valid wills are in place and kept up to date.

Taking these steps can help reduce uncertainty and minimise the risk of costly disputes in the future.

Looking Ahead

The government’s consultation reflects a growing recognition that family law may need to adapt to modern living arrangements. By exploring greater protection for qualifying cohabitants while preserving the distinction between marriage and cohabitation, the proposals seek to achieve a fairer and more predictable outcome for families across England and Wales.

With the consultation due to conclude in August 2026, any legislative reforms are unlikely to be immediate. Nevertheless, the proposals represent an important development in the ongoing discussion about how the law should respond to the realities of modern family life.

Those living together should continue to take practical steps to protect their legal and financial position.

How We Can Help

Our cohabitation rights solicitors at Orwins can advise unmarried couples on protecting their position under the current law and prepare for any reform that follows. If you would like to discuss a cohabitation agreement or your wider legal and financial position, please get in touch with a member of our family team.

Frequently Asked Questions

Do cohabiting couples have the same rights as married couples?

No. This is the single most common misunderstanding we encounter. There is no such thing as common law marriage in England and Wales, and living together for many years does not create the legal rights that marriage or civil partnership confer. Cohabiting couples currently have far more limited protection when a relationship ends or a partner dies, with disputes often resolved under complex property and trust law rather than any principle of fairness. The government's consultation may narrow this gap, but the distinction between cohabitation and marriage is intended to remain.

What is the cohabitation reform consultation proposing?

The consultation explores whether qualifying cohabitants, meaning couples who have lived together for a specified period or who have children together, should be able to seek certain financial remedies when they separate. In practice this could allow a partner who has suffered economic disadvantage, or made significant contributions not recognised under current property law, to apply for financial relief. It also looks at simplifying the common disputes over ownership of the family home. No decisions have been made, cohabitation would remain legally distinct from marriage, and any reform would require further legislation. The consultation is due to conclude in August 2026.

What financial provision is available for children of unmarried parents?

Financial support for children can be sought through Schedule 1 Children Act claims, regardless of whether the parents were married. These claims can provide for housing, lump sum payments and maintenance in certain circumstances. It is important to understand their limits: Schedule 1 is designed to meet the needs of the child, not to provide a financial remedy for the parent. It does not give an unmarried parent the protection a spouse or civil partner would have on divorce, which is one of the gaps the current consultation is examining.

What should cohabiting couples do to protect themselves now?

Reform is some way off, so couples should act under the law as it stands rather than wait. A cohabitation agreement setting out how property, finances and household costs are managed, and what happens if the relationship ends, is the most effective step. Property ownership should be properly documented, and both partners should have valid, up-to-date wills, since cohabitants have no automatic inheritance rights. Taking advice early reduces uncertainty and helps avoid costly disputes later.