Government launches consultation on cohabiting couples' rights

Government launches consultation on rights for cohabiting couples

We have written before about the gap in the law for cohabiting couples and the long-running campaign for cohabitation law reform. That campaign has now had its clearest answer yet.

On 5 June 2026, the Ministry of Justice opened a public consultation, ‘A fairer end to relationships’, which runs until 14 August 2026. For the first time, the government has set out detailed proposals for giving unmarried couples legal rights when a relationship ends.

What the proposed cohabitation law reform means for separating couples

The consultation proposes a new statutory financial scheme for cohabitants who separate, rather than simply extending divorce law to unmarried couples. Under the current proposals, the scheme would apply to couples who have lived together for at least three years in a committed relationship or who have a child together. The government has been clear that outcomes should be based on needs rather than automatically mirroring what a married couple would receive and that couples should be able to opt out if they wish to keep their finances entirely separate.

If the proposals become law, a qualifying cohabitant could apply to court for the kind of financial orders currently only available on divorce – covering property, savings and, in more limited circumstances, ongoing maintenance. The consultation also proposes stronger protections for victims of domestic abuse, including economic abuse, within any new financial scheme.

This is a consultation, not a change in the law

The government is asking for views, not announcing a settled policy. Responses will be considered before any decision is made on whether and how to legislate – any resulting Act of Parliament would take further time to pass through Parliament. Couples living together today should not assume any new protection is already in place or treat the proposals as a reason to delay putting their own arrangements in order.

The consultation also covers what happens on death

Alongside the separation proposals, the consultation considers whether the intestacy rules should give qualifying cohabitants an automatic right to inherit if a partner dies without a will. That is a wills and probate question rather than a family law one, and our colleagues in the private client team have covered it in detail, including what it would mean in practice and what to do now regardless of the outcome.

What to do now

Whatever the consultation produces, it will not help anyone before it becomes law, and any new scheme is likely to come with qualifying conditions that not every relationship will meet. The practical position for cohabiting couples has not changed:

• A cohabitation agreement remains the only way to set out clearly, in advance, what happens to your property and finances if you separate. Without one, disputes are resolved under ordinary property law, which was never designed with cohabiting couples in mind.
• If you own a property together, make sure your respective shares are properly recorded, particularly if you have contributed unequally to the purchase or the mortgage.
• Review any existing agreement if your circumstances change – having a child together, buying a property, or a change in income are all good reasons to revisit it.

If you would like to talk through a cohabitation agreement or your options on separation, our cohabitation lawyers can advise you on where you stand today, independently of how the consultation develops.

This article is for general information only and reflects the position as understood in July 2026. It does not constitute legal advice.