One of the most common legal myths in England and Wales is the idea of the “common law marriage.” Many people believe that if they live together they automatically gain the same rights as a married couple. Unfortunately, this is not the case and unmarried couples currently have far fewer legal rights than married couples or those in a civil partnership.
However, this could soon change. The UK Government has launched a consultation on introducing legal protection for qualifying cohabiting couples, marking what could become the most significant reform of family law in this area for decades. While the proposals are not yet law, they signal a major shift in how the legal system may treat long-term unmarried relationships.
Why Is Reform Being Considered?
The number of cohabiting couples in England and Wales has grown significantly over the past two decades, making it the fastest-growing family type.
Currently, if an unmarried couple separates:
- You have no automatic right to a share of a property held in your partner’s sole name.
- You have no right to receive financial support for yourself
- You have no ability to share pension assets
- There is no automatic right to inherit if your partner dies intestate
The Government has recognised that this can produce unfair outcomes, particularly where one partner has made financial sacrifices to support the family or care for children.
What Changes Are Being Proposed?
The Government is consulting on introducing a new legal framework for eligible cohabiting couples that would provide limited financial remedies if the relationship ends.
Although the details are still under consultation, the proposals include:
- Financial protection for cohabiting couples on separation: the most significant change, creating a new legal framework that would give qualifying cohabitants the right to make financial claims when a relationship ends.
- Inheritance rights for cohabiting couples: proposals to give qualifying cohabitants automatic rights under the intestacy rules bringing them in line with the rights of spouses and civil partners.
Who Would Qualify?
The consultation suggests that protection may apply where couples:
- Have lived together in an enduring family relationship for at least three years; or
- Have a child together.
If you would like advice about your rights as a cohabiting partner or would like to discuss how the proposed reforms could affect you, please contact Lake Legal today on 0113 357 1270 or send us an email to enquiries@lakelegal.co.uk to speak with one of our experienced family law solicitors.
