The proposed 2026 cohabitation reforms in the UK could herald significant changes for the millions of couples living together without marrying.
The Government has consulted on proposals designed to strengthen the financial and inheritance protections available to qualifying cohabiting couples when either a relationship ends or one partner dies.
However, it is important to stress that these reforms are currently proposals, not law. The Government’s consultation – A Fairer End to Relationships – was opened on the 5th June 2026 with a mandate to consider potential reforms to the way cohabitants are viewed legally on separation and on death.
Why do we need the proposed 2026 cohabitation reforms?
The current law offers unmarried couples considerably less protection than married couples or civil partners. Despite the widespread belief in so-called ‘common law marriage’, there is no such legal status in England and Wales.
At present, simply living together for many years does not automatically give one partner rights to the other’s property, savings, pension or income. If a relationship ends, disputes over a jointly occupied home will involve complicated property and trust law rather than just the broader financial remedies that would otherwise be available following divorce. This creates particular difficulties where one partner has sacrificed their career to care for children or supported the household while the other has accumulated assets.
The Government said their intention is the proposed reforms will provide a basic safety net for eligible cohabitants while maintaining a distinction between marriage and cohabitation.
What do the proposed 2026 cohabitation reforms include?
One of the most significant proposals in the 2026 cohabitation reforms is the creation of a new statutory framework for qualifying cohabiting couples when they separate.
Under the proposals discussed in the consultation, eligibility could include couples who have lived together for at least three years or couples who live together and have a child. The relationship would also need to meet the relevant definition of a committed or enduring family relationship.
Importantly, the proposed rights would be narrower than those available to married couples.
The intention is not to introduce an automatic 50/50 division of assets. Instead, the framework would focus on addressing financial disadvantage and meeting defined needs.
Possible remedies could include financial provision or adjustments relating to property, particularly where one partner has suffered significant economic disadvantage during the relationship.
The proposals also contemplate a greater emphasis on children’s needs, clean-break solutions and limiting ongoing maintenance to exceptional circumstances.
What could happen if one of the cohabiting partners dies?
Inheritance is another major area of proposed reform.
Currently, a surviving unmarried partner does not automatically inherit under the intestacy rules simply because they have lived with the deceased for many years. This can create serious financial insecurity, particularly where the surviving partner has lived in the family home but the property or other assets were legally owned by the deceased.
The Government consultation proposes extending intestacy rights to qualifying cohabitants, subject to a clear definition and eligibility requirements. It also considers changes to the administration of estates and claims for financial provision.
For long-term unmarried couples, this could be one of the most important aspects of the 2026 cohabitation reforms in the UK.
Will the reforms apply automatically?
Not necessarily in the simple way some recent headlines suggest. The proposed framework is expected to contain qualifying conditions. There has also been discussion of allowing couples to opt out by agreement. This could give couples greater control over their financial arrangements and allow them to decide how property and finances should be dealt with if they separate.
This makes cohabitation agreements potentially even more important. A properly drafted agreement can record ownership of property, responsibility for household expenses, treatment of savings and what should happen if the relationship breaks down.
What should cohabiting couples do now?
Couples should not wait for the reforms to become law before reviewing their position. Here are the steps we’d suggest a cohabiting couple should consider as soon as possible:
- Consider making a cohabitation agreement. Â This provides greater clarity around finances and property ownership.
- Make or update your Will. Â Until any new legislation comes into force, an unmarried partner may receive nothing automatically under the intestacy rules. Â A Will can therefore provide essential protection.
- Review how your home is owned.  Where a property is jointly owned, a declaration of trust may help establish each person’s beneficial share and reduce the scope for future disputes.
When will the new cohabitation laws come into force?
This remains uncertain at time of writing.
What we do know is the Government consultation closed on 14 August 2026 and the responses must be considered before any legislation is tabled let alone drafted or introduced. Any proposed changes would then need to pass through Parliament before becoming law.
There is also the question of geographic application. It must be noted that the consultation concerns possible changes for cohabiting couples in England and Wales; it should therefore not be assumed that identical rules will automatically be applied in Scotland and Northern Ireland.
What are the 2026 cohabitation reforms likely to mean?
The 2026 cohabitation reforms in the UK could mark an important shift towards greater financial and inheritance protection for unmarried couples. Nevertheless, the reforms are solely proposals at this stage so the existing law continues to apply.
For couples who live together, the safest approach is to plan for the law as it stands today rather than relying on changes that may or may not be enacted. A cohabitation agreement, appropriate property arrangements and an up-to-date Will can all provide valuable certainty while the Government decides how to proceed.
If this blog has raised any questions or you or a client are involved in a cohabitation case and would like to discuss it with one of our experienced family law barristers, please contact our clerks today.