>
>

Cohabitation reform welcomed – but the detail will be crucial

Posted: Friday, 21 August 2026 @ 09:05
Cohabitation reform

Cohabitation reform welcomed – but the detail will be crucial

Proposals to strengthen the rights of cohabiting couples have received broad support, although professional responses have also highlighted important questions about how a new framework would work in practice.

Reflecting modern family life

Proposals to strengthen the rights of cohabiting couples in England and Wales have received broad support from legal and professional organisations following the close of the Government’s consultation.

However, responses have also highlighted several areas where careful consideration will be required to ensure that any new framework is fair, practical and clearly understood by the public.

Cohabiting couples are now a significant and growing part of family life, yet the legal protections available to them remain substantially different from those provided by marriage or civil partnership.

Despite the widespread use of the term “common-law marriage”, living together does not currently give a couple the same legal rights as being married. This can leave individuals financially vulnerable when a relationship ends or when one partner dies.

The Government’s consultation considered a new legal framework covering financial provision following separation and improved inheritance rights for qualifying cohabitants where a partner dies without a valid will.

Respondents have broadly welcomed the recognition that the law needs to reflect the way in which families live today.

Important questions remain

While there appears to be considerable support for reform in principle, professional bodies have raised questions about how the proposed protections would operate in practice.

1

How should a qualifying cohabiting relationship be defined?

2

Should eligibility depend upon a minimum period of cohabitation?

3

How should couples be able to opt out of the proposed framework?

4

What financial remedies should be available following separation?

5

How should the rights of children, previous partners and other beneficiaries be protected?

6

How would new inheritance rights interact with the intestacy rules and the Inheritance (Provision for Family and Dependants) Act 1975?

The importance of professional advice

For professional willwriters and estate planners, any change to the rights of cohabiting couples would have important implications for client conversations and estate-planning recommendations.

Practitioners may need to consider a client’s relationship status, the length and nature of their cohabitation, jointly owned property, pension arrangements, children from current or previous relationships and any decision to opt out of a future statutory scheme.

The proposed reforms could also make regular will reviews even more important. Changes in a relationship or household circumstances may affect how a client wishes their estate to be distributed.

A will remains essential

Under the current intestacy rules, an unmarried partner does not automatically inherit simply because the couple has lived together for a long time or shares children or a home.

A surviving partner may be able to make a claim against the estate in certain circumstances, but this can involve additional cost, delay and uncertainty at an already difficult time.

Making a professionally drafted will remains the clearest way for an individual to record their wishes and provide for the people who matter to them.

Reform must provide clarity

The consultation represents an important opportunity to modernise an area of law that many believe no longer adequately reflects contemporary family life.

However, the effectiveness of any reform will depend on the detail. The eventual framework must be accessible, proportionate and supported by a substantial public-awareness campaign.

Whatever shape the legislation ultimately takes, professionally prepared and regularly reviewed wills will continue to play a central role in providing clarity, protecting families and reducing the potential for disputes.

Read the full report