As more couples choose to live together without marrying, understanding the legal position has never been more important. In this expert guide, the family law team at Wilson Browne Solicitors explains why the “common law marriage” myth persists, what rights cohabiting couples actually have, and how proposed legal reforms could affect the future.

Cohabitation has become one of the fastest‑growing family types in the UK, with more than 3.5 million couples now living together without being married or in a civil partnership. For many, moving in with a partner is an exciting milestone, one often filled with conversations about furniture, paint colours, and future plans. Yet despite its increasing popularity, many couples remain unaware of the legal position that applies to cohabiting partners, and few consider what would happen if the relationship were to break down.

Under the current law in England and Wales, cohabiting partners have far fewer rights than many people assume. A persistent myth suggests that long‑term cohabiting couples form a “common law marriage,” gaining similar rights to married couples. In reality, no such legal status exists. Cohabiting partners do not automatically acquire rights to each other’s property, savings, pensions, or inheritance, regardless of how long they have lived together or whether they have children.

When cohabiting relationships end, disputes over property are usually dealt with under trust and property law rather than family law. This can make claims complex, costly, and uncertain. Unlike in divorce proceedings, courts do not consider broader factors such as each party’s needs or contributions, which can lead to outcomes that feel unfair or imbalanced. Where children are involved, child maintenance may be payable, and limited financial provision may be available under Schedule 1 of the Children Act 1989, but these remedies focus solely on the child’s need, not the financial support of a former partner.

To protect themselves under the current law, many couples choose to enter into cohabitation agreements. These agreements can set out how property is owned, how household expenses will be shared, and what should happen if the relationship ends. Courts are more likely to uphold such agreements when both parties have entered into them freely, with full financial disclosure, independent legal advice, and clear terms. Cohabiting partners should also consider making a valid will, as surviving partners do not automatically inherit under intestacy rules and may otherwise need to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Recognising the limitations of the current system, the UK government has launched a consultation titled A fairer end to relationships, exploring whether cohabiting couples should have stronger legal protections. The consultation considers whether qualifying cohabitees should have access to limited financial remedies on separation, potentially operating on an “opt‑out” basis. It also asks whether courts should give greater weight to the impact of domestic abuse, including coercive control and economic abuse, when determining fair financial provision.

The proposed framework would apply to adults in long‑term, committed relationships, potentially including couples who have lived together for at least three years or who share a child. The consultation raises important questions about future safeguards, the role of cohabitation agreements, and how couples can make informed decisions about their financial arrangements.

With the consultation open until August 2026, legislative change is unlikely in the immediate future. In the meantime, cohabiting couples should take practical steps to protect themselves—making a will, recording how property is owned, considering a declaration of trust, and entering into a cohabitation agreement tailored to their circumstances.

If you are moving in with a partner, buying a home together, or contributing to a partner’s property, specialist legal advice can help you understand your rights and safeguard your future. Visit: https://www.wilsonbrowne.co.uk/personal/family-matrimonial-law/