The way people form relationships and families in England and Wales is changing, and to address this growing shift the government has launched the ‘Fairer End to Relationships’ consultation, creating one of the most significant shake ups in family law in recent decades.
In this blog, trainee solicitor, Amelia Buchanan, will explore what the proposed changes could mean for you and what steps you can take now to protect your position.
Cohabitation in the UK
Cohabitation is the legal term used to describe a couple who live together but are not married or in a civil partnership.
Despite being one of the fastest growing family types, couples who cohabit currently have very limited legal rights in England and Wales. Unlike couples who are married or in civil partnerships, there is no dedicated laws which govern how finances should be dealt with when a relationship breaks down and comes to an end.
When living together, potentially with children, it can be easy to share finances and assets, losing track of what you had before entering the relationship. You may find yourself financially dependent on your partner, and if the relationship then comes to an end, it can create a sense of unease, awkwardness and worry when trying to leave the relationship with your fair share.
This recognised issue is one of the driving forces behind the Government’s recent consultation on cohabitation reform, as well as the longstanding criticism that has come with the unfair and unpredictable nature of finances on separation.
The proposed reforms
The consultation “A Fairer End to Relationships”, which launched on the 5 June 2026, will look to provide the 3.5 million unmarried couples with more financial security and greater fairness for cohabiting couples when relationships end, as well as several other changes.
While proposals are still under consideration, and will be for the next ten weeks, the key new laws could include:
- Introducing more rights for couples who have lived together for three years or more, or who share a child, meaning more financial stability if the relationship breaks down – unless you and your partner actively choose to opt out of the scheme, subject to specific safeguarding provisions.
- Levelling up automatic inheritance laws for couples who cohabit, meaning they will have a right to inherit if their partner was to die without a valid Will.
- Greater powers to those fleeing relationships due to domestic violence, affording better financial protection, even if you are not married. Further consideration will also be made by the courts in both financial remedy and cohabitation cases if you are a victim of coercion or controlling behaviour.
- Considering whether pre-nuptial agreements and post-nuptial agreements should be legally binding, providing strict safeguarding requirements are met.
- Boosting support for couples who were married but are now facing divorce. By resolving financial disputes more easily and fairly, partners will have better a understanding of what to expect when making financial arrangements, helping couples reach agreements quicker and reducing costs.
The consultation closes on 14 August 2026 and is open to the public to submit their views online.
Why these reforms matter
The Government’s “A Fairer End to Relationships” consultation represents an important step towards recognising the realities of modern relationships.
Whilst divorce, separation and death are very different events, they all raise issues as to how finances should be dealt with at an already difficult time. Through consulting on all three topics together, the Government is attempting to update and define rules better reflective of modern family structures.
Steps you can take to protect yourself today
The proposals within this consultation will be under review for the next 10 weeks, and there is currently no guarantee they will be implemented. If they are implemented, it may take years before a new law fully takes effect.
In the meantime, there are several practical steps you can take now to safeguard your financial position:
- Cohabitation Agreements
A cohabitation agreement sets out how finances, property, and other assets will be handled both during the relationship and if it comes to an end. This can provide clarity and reduce the risk of disputes. Whilst mostly used by couples, they can be established between anyone living together who wants to agree a framework.
- Declarations of Trust
If you own property together, a declaration of trust records each person’s financial interest in the property. This is particularly important where contributions are unequal. By signing a Declaration of Trust, you protect your interest in the property and guarantee you leave with what you contributed if the property must be sold.
- Wills
Many young couples do not have valid Wills, meaning your estate may not be distributed in accordance with your wishes. Unmarried couples do not automatically inherit from each other, like married couples do. By having a valid Will, it ensures your instructions and wishes are respected and followed.
- Do not assume that ‘Common Law Marriage’ protections exist
No matter how long you may have lived together, or even if you have children, there are currently no automatic rights or protections granted to a ‘Common Law’ marriage in England and Wales.
Contact us today
If you are living with a partner or considering moving in together, our experienced family team can help you understand your position and plan for the future.
We provide clear, practical advice on all aspects of family law including pre-nuptial agreements, post-nuptial agreements, cohabitation agreements and all aspects of relationship breakdown, such as advice on separation and divorce, financial provisions, cohabitation disputes, civil partnership dissolution and arrangements for children. As part of our dedicated commitment to provide the best possible service, we work closely with relevant specialist lawyers in the firm, enabling us to provide clients with wills, probate and trust advice as well as business and property advice where it may be necessary.
Contact us today by emailing family@mincoffs.co.uk or calling 0191 281 6151 to speak with one of our friendly specialists and take the first step towards protecting your future with confidence.
