You may have seen the news recently. The "common law marriage myth" is finally being challenged at the highest level. The Government's landmark consultation, A Fairer End to Relationships, has now closed, and with family law groups such as Resolution urging ministers to move quickly, we could be looking at the biggest shake-up to relationship rights in decades.
As family solicitors, we see the fallout from the current system every single day. Millions of unmarried couples in England and Wales live together under the mistaken assumption that they automatically have the same rights as married couples or civil partners when it comes to property, finances or inheritance.
The reality? If you separate tomorrow, or your partner dies without a Will, you may have far fewer legal protections than you expect.
The proposals being considered could potentially introduce greater protections for certain cohabiting couples, including those who have lived together for three or more years or who share a child.
These include:
- Financial Relief on Separation: Potential new routes to make needs-based claims relating to property, assets or pensions following the breakdown of a relationship, including a proposed two-year time limit for bringing a claim.
- Inheritance Rights: Potential reforms to provide greater protection for a surviving cohabiting partner where their partner dies without a Will.
- Domestic Abuse Protections: Proposals that could give greater consideration to the financial impact of domestic abuse and coercive control when determining financial outcomes.
However, it is important to remember that the law has not changed yet.
The consultation process has now closed, but any proposed reforms would still need to be developed, considered and, where necessary, passed by Parliament before they could become law. This means that any new rights are unlikely to be available immediately.
If your relationship ends or your circumstances change before any new legislation comes into force, you remain subject to the current legal framework.
So, what can you do now?
1. Put a Cohabitation Agreement in place. Set out clearly who owns what, how property and finances should be dealt with, and what should happen if you separate.
2. Make or update your Will. A properly drafted Will can help protect your partner and make your wishes clear about what should happen to your estate.
If you are living with your partner and want to understand your legal rights and options, our family law team can help. For expert legal advice on cohabitation agreements and family law, visit our website here.
