More and more couples are choosing to live together without getting married or entering into a civil partnership. For many, it is a conscious lifestyle choice. They buy a home together, raise children, share financial responsibilities and build a life that looks, in every practical sense, like a marriage.
But there is a fundamental difference: the law does not treat living together as equivalent to being married.
Despite the widespread belief in what is commonly called a ‘common law marriage’, no such legal status exists in England and Wales. It makes no difference whether a couple has lived together for five, 15 or 30 years, or whether they have children. Simply living together does not give either partner the same financial rights as a husband or wife.
That could, however, begin to change.
What are the current rights of unmarried couples?
At present, if an unmarried couple separates, there is no equivalent of the divorce process that allows the court to divide their assets fairly according to their respective needs and circumstances.
Instead, disputes about property are generally dealt with under property law. If a home is jointly owned, the starting point is usually the legal ownership and the parties’ respective interests. If it is owned by one partner, the other may have to establish a beneficial interest, which can involve complicated and expensive legal proceedings.
There is no automatic entitlement to spousal maintenance, however long the couple has been together. Child maintenance remains payable where appropriate, and the court can make certain financial provision for children, but that is not the same as providing financial support for a former partner.
Inheritance is another significant issue. If someone dies without leaving a will, an unmarried partner has no automatic right to inherit under the intestacy rules. There may be an entitlement to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 in certain circumstances, but this is not the same as automatically inheriting.
In short, someone who has spent years raising children, supporting a partner’s career or contributing to a household can find themselves in a surprisingly vulnerable position when the relationship ends.
What is the Government proposing for unmarried couples?
On 5 June 2026, the Government launched a consultation entitled A Fairer End to Relationships, proposing significant changes to the law governing cohabiting couples.
The consultation closed on 14 August 2026. It represents an important opportunity for reform, although the proposals have not yet become law.
Under the proposed framework, couples would generally need to have lived together in an enduring family relationship for at least three years, or to have lived together and had a child together, to qualify for protection.
The intention is to introduce a new statutory framework allowing qualifying couples to make financial claims when their relationship ends.
Importantly, this would not mean unmarried couples automatically receive half of everything. The proposals are based on a needs-led approach, taking account of the circumstances of the relationship and the financial position of each person. Children’s needs would be prioritised, and the framework would be narrower than the financial remedies available to married couples.
The proposals also envisage limited financial maintenance in exceptional circumstances, rather than creating an automatic right to ongoing support.
What happens if a partner dies where the couple are not married?
The consultation also addresses inheritance, another area where unmarried couples can be particularly vulnerable.
The Government is proposing that qualifying cohabitants should receive automatic inheritance rights where their partner dies without leaving a valid will, broadly along the lines of the rights currently enjoyed by spouses and civil partners.
This would be a significant change, but it is important to remember that it is currently a proposal, not an existing entitlement.
What should unmarried couples do now?
Our advice as family solicitors is not to wait for legislation to change before protecting yourself.
There are practical steps you can take now:
- Make a will. This is particularly important if you want your partner to inherit your estate.
- Consider a cohabitation agreement. This can record how property, savings, household expenses and other financial responsibilities are to be dealt with if you separate.
- Understand property ownership. Make sure the legal ownership of your home reflects what you have agreed and intended.
- Keep financial records. Document significant contributions towards property purchases, mortgages and improvements.
- Take independent legal advice. Particularly before buying a property together or making substantial financial commitments.
Don’t assume the law will protect you if you live together and are unmarried
The proposed reforms are welcome and reflect the reality of modern family life. However, until legislation is introduced and comes into force, unmarried couples must understand that their legal position remains substantially different from that of married couples.
Living together may feel like a lifelong commitment, but it does not automatically create lifelong financial protection.
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