The government has launched a consultation designed to strengthen the rights of 3.5 million cohabiting couples, often erroneously called ‘common-law spouses’, making them more financially secure and independent when they separate.
The consultation will address issues relating to domestic abuse, giving automatic rights to inherit when a partner dies without a will and making pre-nuptial and post-nuptial agreements legally binding.
Common law spouse
‘Common law spouse’ is a complete myth. Regardless of the length of the relationship, cohabiting couples do not enjoy the same rights as married couples or civil partners. Cohabiting couples are treated very differently in law.
Cohabiting couples do not have a claim on their partner’s assets when they separate, unless they have an interest in them, or there is a will that specifies assets are to go to the partner. Consequently, they do not have the same legal protections or inheritance rights as those who are married or in a civil partnership.
The home
Without a court application, you have no automatic right to stay in the family home if it is owned by only one partner, rather than jointly. If there is no express agreement, or you cannot prove you have an interest, such as having financially contributed through a deposit, mortgage instalments or significant home improvements, for example, there is no specific claim.
Pensions
Pensions can form a very large part of your assets. However, unless, as cohabitees, you are named as a nominated beneficiary, you don’t have an automatic right to benefit from the pension in the event your relationship breaks down.
Inheritance
If you are cohabiting and your partner dies without having made a will that names you as a beneficiary, you cannot inherit in the same way as married couples or civil partners. You will not automatically inherit any of your partner’s estate, and it is likely to be distributed using the intestacy laws. If you have children, they may inherit, but you are unlikely to, and the estate may end up going to other family members, like parents or siblings. Find out about the rules of intestacy here.
It is possible for the surviving partners to make a claim in court against the deceased partner’s estate.
Maintenance
When a cohabiting couple separates, there is no automatic right to maintenance for the lower earning party, even if they had stayed at home to look after the children and home.
Children
If you are not married or in a civil partnership when children are born, only the birth mother gains parental responsibility. A father who is not married to the birth mother can get parental responsibility by jointly registering the birth, by making an application or by marrying the mother. Find out more here.
Juliette Dalrymple, director and family mediator at Family Matters says:
‘Separation is challenging enough without having to face the difficulties encountered by unmarried couples. While it is possible to pursue legal action to gain some rights, this involves navigating complex laws on property, trusts and the Children Act, among others. Because there is no specific law for cohabitees, court can be time consuming and expensive. Coming to mediation is cheaper and quicker.
“This consultation is overdue, and I welcome it. Family law is outdated and requires modernisation to reflect contemporary relationships that do not always involve marriage or a civil partnership.”
The proposals suggest a different set of rules for cohabiting couples than for married couples or those in a civil partnership. The framework would apply to cohabitees who have lived together for at least three years or share a child and courts must satisfied that they are in an enduring family relationship.
The ten-week consultation that launched on 5 June 2026, will close on 14 August. Views are sought from the public, academics, professionals, charities and other stakeholders. It can be found here.
